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STATE OF LOUISIANA. 
Department of Education. 



t:eie] 



PUBLIC SCHOOL LAWS, 



CODIFIED BY ORDER OF THE 



STATE BOARD OF EDUCATI 




• Fitd ^5 1895 ^ 



'.iAU OF Eooc>;^ 



c^* 



EDITED AXD PUBLISHED BY 



The State Superintendent of Public Education. 







^;{^>:^^^r<^'^^-^^ 



BATON ROUGE: 

THE ADVOCATE, OFFICIAL JOURNAL OF THE STATE OF LOUISIANA. 

1894. 



cO ^ 



U5v 



This book is public propeity, and is prepared for the use of 
school officers and teachers. 



By tr«.T>?'far 



CV 






IJSTTI^OIDIJCXOE.lir. 



A resolution by the State Board of Education, directing the 
l^reparation of this edition of the School Law, makes the work 
authoritative as a guide for school officers. For this reason it is 
deemed unnecessary' to encumber the book with specific refer- 
ences to the sources from which it was compiled, such references 
appearing only in the preceding summary or syllabus of each 
general division of contents. The compiler sought to arrange 
the matter for the convenience of school officers, without regard 
to the order in which it is printed in legislative documents. 

It is believed that this comijilation contains all the consti- 
tutional and statutory provisions governing the school system of 
the State. It embraces general ijrovisions relating to the public 
schools and the requirements for officers, many enactments pro- 
viding a revenue, the lands appropriated for the use of public 
schools, and State educational institutions. Only the provisions 
for current revenue, acts of a local character, and repealing 
clauses have been omitted. 

In the appendices may be found extracts from the decisions 
of the Supreme Court of Louisiana and regulations adopted by 
the State Board of Education. 

The compiler has added a few annotations where experience 
has taught him to anticipate diffi<:ulties in construction. 

A. D. LAFARGUE, 
State Superintendent of Public Education, 



CONSTITUTIONAL PROVISIONS. 



(ADOPTED IN 1879.) 



Art. 51, [Prohibiting State Aid to Sectarian Institutions.] — 
No money shall ever be taken from the public treasury, directly 
or indirectly, in aid of any church, sect or denomination ot 
religion, or in aid of any priest, preacher, minister or teacher 
thereof, as sucli ; and no preference shall ever be given to, nor 
any distinction made against any church, sect or creed of relig- 
ion, or any form of religious faith or worship ; nor shall any 
appropriations be made for charitable or benevolent purposes to 
any person or community; provided, this shall not apply to the 
State Asylums for the insane, and deaf, dumb and blind, and the 
charity hospitals and public charitable institutions conducted 
under State authority. 

Art. 207. [Exemption of Educational Institutions from Tax- 
ation.] — The following property shall be exempt from taxation, 
and no other, viz : All public property, places of religious 
worship or burial, all charitable institutions, all buildings and 
property used exclusively for colleges, or other school purposes, 
the real and personal estate of any public library and that of 
any other literary association, used by or connected with such 
library; all books and philosophical apparatus, and all paintings 
and statuary of any company or association kept in a public hall; 
provided, the property so exempted be not used or leased for 
purpose of private or corporate profit or income. There shall 
also be exempt from taxation household property to the value of 
five hundred dollars; there shall also be exempt from taxation 
and license for a period of twenty years Irom the adoption of 
the Constitution of 1879, the capital, machinery and other prop- 
erty employed in the manufacture of textile fabrics, leather, 
shoes, harness, saddlery, hats, flour, machinery, agricultural 



CONSTlTUTIO:fAL PROVISIONS!. 5 

implements, manufacture of ice, fertilizers and cliemicals, and 
furniture and other articles of wood, marble, or stone, soap, 
stationery, ink and paper, boat building and cliocolate ; provided, 
that not less than tive hands are employed in any one factory. 

Art. 208. [Poll Tax.]— The General Assembly shall levy an 
annual poll-tax for the maiutainance of public schools, upon 
every male inhabitant in the State, over the age of twenty-one 
years, which shall never be less than one dollar, nor exceed one 
dollar and a half per capita, and the General Assembly shall 
pass laivs to enforce payment of said tax. * * * * 

Art. 224. [State School Tax.]— There shall be free public 
schools established by the General Assembly throughout the State, 
for the education of all the children of the State between the ages 
of six and eighteen years ; and the General Assembly shall pro- 
vide for their establishment, maiutainance and support, by tax- 
ation or otherwise, and all moneys so raised, except the poll tax, 
shall be distributed to each parish in proportion to the number 
of children between the ages of six and eighteen years. 

Art. 225. [State and Parish Superintendents.] — There shall 
be elected by the qualitied voters of the State, a Superintendent 
of Public Education, who shall hold his office for the term of 
four years, and until his successor is qualified. His duties shall 
be prescribed by law, and he shall receive an annual salary of 
two thousand dollars. 

The aggregate annual expenses of his office, including his 
salary, shall not exceed the sum of three thousand dollars. The 
General Assembly shall provide for the appointment of parish 
boards of public education for the different parishes. 

The parish boards may appoint a parish superintendent of 
public schools in their respective parishes, who shall be ex-ofificio 
secretary of the parish board, and whose salary for his double 
functions shall not exceed two hundred dollars annually, except 
that in the parish of Orleans the salary of the parish superin- 
tendent shall be fixed by the General Assembly, to be paid out 
of the public school funds according to each i)arish respectively. 



6 CONSTITUTIONAL PROVISIONS. 

Art. 226. [Instraction in the French Language.] — The gen- 
eral exercises in the public schools shall be conducted in the 
English language, and the elementary branches taught therein; 
provided, that these elementary branches may be also taught in 
the French language in those parishes in the State, or localities 
in said parish, where the French language predominates, if no 
additional expense is incurred thereby. 

Art. 227. [Poll Tax Applicable Exclusively to the Parish from 
which it is Collected.]— The funds derived from the collection of 
the poll-tax shall be applied exclusively to the maintenance of 
the public schools as organized under this constitution, and shall 
be applied exclusively to the support of the public schools in the 
parish in which the same shall be collected, and shall be ac- 
counted for and paid by the collecting officers directly to the 
competent school authorities of each parish. 

Sec. 228. [Sectarian Schools Cannot Receive Public School 

Funds.] — No funds raised for the support of the public schools 

shall be appropriated for or used for the support of any secta- 
rian schools. 

Art. 229. [School Funds— Of What They Shall Consist.]— The 
school funds of this State shall consist of: 

1. The proceeds of taxation for school purposes, as pro- 
\dded in the constitution. 

2. The interest on the proceeds of all public lands hereto- 
fore granted by the United States for the use and support of the 
public schools. 

3. Of all lands and other property which may hereafter be 
bequeathed, granted or donated to the State, or generally for 
school purposes. 

4. AH funds or property, other than unimproved lands, 
bequeathed or granted to the State, not designated for other 
purposes. 

5. The proceeds of vacant estates falling under the law to 
the State of Louisiana. 



CONSTITUTIONAL PROVISIONS. . 7 

The legislature may appropriate to the same fund the pro- 
ceeds, in whole or in part, of public lands not designated for any- 
other purposes, and shall provide that every parish may levy a 
tax for the public schools therein, which shall not exceed the 
State tax ; provided, that with such tax the whole amount of 
parish taxes shall not exceed the limits of parish taxation fixed 
by this constitution. 

Art. 230. [State University.] — The University of Louisiana, 
as at present established and located at J^ew Orleans, is hereby 
recognized in its three departments— to- wit: the law, the medical 
and the agricultural departments — to be governed and controlled 
by appropriate faculties. The General Assembly shall, from 
time to time, make such provision for the proper government, 
maintenance and support of said State University of Louisiana, 
and all the departments thereof, as the public necessity and well- 
being of the people of the State of Louisiana may require, not to 
exceed ten thousand dollars annually. 

The Louisiana State University and Agricultural and Me- . 
chanical College, now established and located in the city of 
Baton Rouge, is hereby recognized, and all revenues derived and 
to be derived from the sales of land or land scrip, donated by the 
United States to the State of Louisiana for the use of seminary 
of learning, and mechanical and agricultural college, shall be 
appropriated exclusively to the maintenance and support of said 
University and Mechanical and Agricultural College, and the 
General Assembly shall from time to time make such additional 
appropriations for the maintenance and sui)port of said Louisiana 
State University and Agricultural and Mechanical College as 
the public necessities and the well-being of the people of the 
State of Louisiana may require, not to exceed ten thousand 
dollars annually. 

Art, 231. [Colored University.] — The General Assembly 
shall also establish in the city of 'New Orleans a University for 
the education of persons of color, provide for its proper govern- 
ment, and shall make an annual appropriation of not less than 



.8 CONSTITUTIONAL PROVISIONS. 

five thousand dollars, uor more than ten thousand dollars for its 
maintenance and support. 

Aet. 232. [Women Eligible to School Offices.] — AVomen over 
twenty-one years of age shall be eligible to any office of control 
or management under the school laws of this State. 

Ae,t. 233. [Free School Fund, Seminary Fund, and Agricultural 
and Mechanical College Fund.] — The debt due by the State to 
the free school fund is hereby declared to be the sum of one 
million, one hundred and thirty thousand, eight hundred and 
sixty-seven 51-100 dollars in principal, and sball be placed 
on the books of the Auditor to the credit of the several 
townships entitled to the same; the said principal being the 
proceeds of the sales of laud heretofore granted by the United 
States tor the use and support of iree public schools, which 
amount shall be held by the State as a loan, and shall be held 
and remain a perpetual fund, on which the State shall pay an 
annual interest of four per cent, fyom the first day of January, 
1880, and that said interest shall be paid on the several town- 
ships in the State, entitled to the same in accordance with the 
act of Congress, 2<o. (i8, approved Februarys, 1843; and the 
bonds of the State heretofore issued belonging to said fund, and 
sold under the act of the General Assembly, No. 81, of 1872, are 
hereby declared null and void, and the General Assembly shall 
make no provision for their payment, and may cause them to be 
destroyed. 

The debt due by the State to the Seminary fund is hereby 
declared to be one hundred and thirty-six thousand dollars, 
being the proceeds of the sales of the land heretofore granted by 
the United States to the State, for the use of a Seminary of 
Learning, and said amount shall be placed to the credit of said 
fund on the books of the Auditor of the State, as a perpetual 
loan, and the State shall pay an annual interest of four percent 
on said amount from January 1st, 1880, for the use of said Semi- 
nary of Learning; and the consolidated bonds of the State now 
held for the use of said lund shall be null and void after the first 



GENERAL PROVISIONS. 



9 



day of Jauuarj^, 1880, and the General Assembly shall never 
make any provision for their payment, and they shall be destroyed 
in sucli manner as the General Assembly may direct. 

The debt due by the State to the Agricultural and Mechau- 
ical College fund is hereby declared to be the sum of one hundred 
and eighty-two thousand, three hundred and thirteen 3-100 dol- 
lars, being the proceeds of the sales of lands and laud scrip 
heretotore granted by the United States to this State, for the 
use of a College for the benefit of agriculture and mechauic arts ; 
said aDiouuts shall be placed to the credit of said fund on the 
books of the Auditor and Treasurer of the State, as a perpetual 
loan, and the State shall pay an annual interest of five per cent 
on said amount from .January 1st, 1880, for the use of said Agri- 
cultural au'l Mechanical College. The consolidated bonds of the 
State now held by the State for the use of said fund, shall be 
null and void after the first day of January, 1880, and the Gen- 
eral Assembiy shall not m ike any provision for their payment, 
and they shall be destroyed iu such manner as the General 
Assembly may direct. 

The interest provided for by this article shall be paid out of 
any tax that may be levied and collected for the general pur- 
poses of public education. 



I. General Provisions. 



1. [S. 1, A. 81, 1888.]— Stcite Board 

of Education ; of whom com- 
posed and how appointed; a 
hod J' corporate ; compensation. 

2. IS. 2, A. 81, 1888.]— RegiiLar and 

called meetings. 

3. [S. 4, A. 81, 1888.]— May require 

additional reports to he made 
hy the parish superintendent. 

4. [S. 3, A. 81, 1888.]— Appoints par- 

ish school directors ; prepares 
rules for the government of the 
schools; adopts text-hooks. 

5. [S. 1, A. 57, 1892.]— Women are 

eligihle to school offices. 



10. 



IS. 1, A, 29, 1892.]—Parish offi- 
cers ; term of office ; how vacan- 
cies shall he filled ; oath of 
office. 

ISame.l — Removal for neglect of 
duty. 

IS. 6, A. 81, 1888.]— Parish hoards 
bodies corporate. 

IS. 2, A. 70, 1882.]— Evidences of 
debt are non-negotiable. 

IS. 4, A 82, 1873.]— State and 
parish boards cannot be com- 
pelled to give bond and secu- 
rity in suits. 



10 



GENERAL PROVISIONS. 



I. General Provisions — Continued. 



11. [S. 7, A. 122, 1874.]— Attorneys 

may be appointed to protect 
school interests. 

12. IS. 9, A. 81, 1888.]— Attorney of 

the parish boards. 

13. [S. 7, A. 81, 1888.]— Parish school 

boards ; officers and auxiliary 
visiting trustees; must report 
all deficiences in the schools 
or neglect of duty to the State 
Board of Education ; apportion 
the school fund, determine 
number and location of schools 
to be established, number of 
teachers ro be employed and 
salaries; make rules for their 
own government; date of meet- 
ings ; compensation ; must ex- 
ercise vigilance in securing all 
funds due; may receive land 
grants and provide for the 
erection of school houses ; fur- 
niture, apparatus, contracts ; 
change of school location. 

[S. 73, A. 81, 1888 ]— Restrictions 
on contracts and debts 

IS. 15, A. 81, 1888.1— President of 
the parish board : presides at 
meetings of the board; calls 
special meetings ; assists the 
parish superintendent, and 
signs contracts. Secretary: 
keeps a record of the board's 
proceedings . 
16. [S. 1, A. 36, 1894.]— Reports to be 
made by certain officers to the 



14. 



15. 



State Auditor. 

17. [S. 2, A. 36, 1894.]— Reports to 

clerk of court. 

18. IS. 3, A. 36, 1894.]— Salary not to 

be paid until the two foregoing 
sections are complied with. 

19. [S. 1298, B. S. 1869.]— Power of 

the school boards with refer- 
ence to expropriations. 

20. IS. 1299, R. S. 1869.]— Institution 

of suit upon dissatisfaction at 
assessments. 

21. [S. 1300, R. S. 1869 ]— Failure of 

officers to perforin duty im- 
posed. 

22. [S 1305, R. S. 1869.]— The sale 

which can be made by the Reg- 
ister of the Land Office. 

23. S 1306, 72. *S. 1869.]— How located. 

24. [S. 1307, R. S. 1869.]- Reserva- 

tions of school lands. 

25. [S. 1308, R. 8. 1869.] — Scrips 

should issue only when loca- 
tions cannot be made. 

26. IS. 2, A. 89, 1894. —Exemptions 

from jury duty. 

27. S 11, A. 81, 1888.] -Division of 

parishes into school districts. 

28 [5. 12, A. 81, 1888.]— School dis- 
districts in two adjoining par- 
ishes ; how laid otf. 

29. [S. 13, A. 81, 1888.]— Oi>tion when 
school districts adjoin as to 
which school certain children 
will attend 



Section 1. [State Board of Education.] — The Governor and 
the Superintendent of Public Education, and tlie Attorney Gen- 
eral, together with six citizen.? to be ai)i)ointed by the Gov^ernor, 
one from each Conjiressional District of the State, shall be a 
body politic and corj)orate by the name and style of the Board 
of Education for the State of Louisiana, with authority to sue and 



GENERAL PROVISIONS. 11 

defend suits in all matters relating to the interest of the public 
schools. The above spectfied six citizens shall receive, as com- 
pensation for their services in attending the meetings of the 
board, their actual traveling expenses ixnd per diem for tie num- 
ber of days that the board is in session, the same as members of 
the State Legislature, payable on their warrants, approved by 
the president and secretary of the board, out of the school fund. 

Sec. 2. [Time of Meeting.] — The Governor shall be ex-officio 
the president, and the State Superintendent the secretary. The 
board shall meet on or before tlie first Monday of December of 
each year, and at other times upon the call ot the State Super- 
intendent. The acts of the board shall be attested by the sig- 
nature of the president. 

Sec. 3. [May Require Reports of Parish Superintendents.] — 
The State Board of Education may require reports to be made 
by the parish superintendent whenever the interest of the com- 
mon schools indicate the necessity of other reports than now 
required. 

Sec. 4. [Duties and Powers ; Appoint School Directors ; Text 
Books.] — The State Board of Education shall appoint for each 
parish in the State, except the parish of Orleans, a board of 
school directors consisting of not less than five, nor more than 
nine, qualified citizens of the parish. The Governor shall issue 
a commission to each of said directors. The State Board of 
Education shall prepare rules, by-laws and regulations for the 
government of the common schools of the State, which shall be 
enforced by the parish superintendents and the sev^eral school 
boards, and shall give such directions as it may see proper as to 
the branches of study which shall be taught. The^State Board 
shall strictly enforce a uniformity of text books in all the public 
schools, and shall adopt a list thereof, which shall remain 
unchanged for lour years after such adoption. For satisfactory 
reasons shown to said board, it may change said list or adopt a 
list generally preferred by teachers or parents in certain locali- 
ties, maintaining as far as possible a uniformity of text books, 



12 GENERAL PROVISIONS. 

and without placing parents and guardians to further expense. 
The adoption of such a list and apparatus shall be by contract to 
the lowest bidder, subject to the change aforesaid, and to the 
best advantage as to -cost to pupils. 

Sec, 5. [Women Eligible to Office.]— Article 233 of the Con- 
stitution of 1879 of the State of Louisiana is hereby declared to 
be operative, and women over twenty-one years of age are hereby 
declared eligible to any office of control or management under 
the School Laws o± this State. 

Sec. 6 jTerm of Office; Parish Officers.] — The term of office 
of the members of the school boards and of the parish superin- 
tendents shall be tour years from the time of their appointment. 
All vacancies occurring on the parish school boards during the 
interval between the meetings of the State Board of Education 
shall be tilled by appointment by the Governor subject to the 
ratification of said Stat- board at its next meeting; provided 
these officers of the parish boards shall take the usual oath of 
office, which oath shall be tiled in the office of the State Superin- 
tendent of Public Educaticm. 

Sec. 7. [Removal for K'eglect of Duty or Malfeasance in Office.] 
— For neglect of duty or malfeasance in office the Governor may 
remove a member or members of this j)arish boards of school 
directors subject to the ratification of the State Board of Edu- 
cation ; and for sufficienL cause the parish board ot school 
directors may remove the parish superin endeut of public edu- 
cation, subject to an appeal to the State Board of Education ; 
provided, this appeal be taken within ten days after his dismissal. 
The appeal shall not have the effect of suspending the board's 
action of dismissal during i*^s pendency but the parish superin- 
tendent shall be reinstate*! if the State board decides that he 
was dismissed without cause and reverses the decision of the 
paiish school board. 

Sec. 8. [School Boards Bodies Corporate.] — The several school 
boards are constituted' bodies corporate with power to sue and 
be sued, under the name and style of the "Parish Board of 



GENERAL PROVISIONS. 13 

Directors of the Parish of ," as the case may be. Citations 

shall be served on the president of the board. 

Sec. 9. [Evidences of Bebt Not Negotiable.] — Said board shall 
have no power to issue negotiable evidences of debt. 

Sec. 10. [State and Parish Boards Exempt from Furnishing 
Bonds in Suit. — In all judicial proceedings where, by law, bond 
and security are required from litigants, the State Board of 
Education shall be dispensed from furnishing bond or security ; 
and in all suits in which the State or parish board of education 
may be plaintiffs, defendants, intervenors, garnishees, or inter- 
ested in any manner whatsoever, it shall be the duty of the court- 
before whom such suits are pending, on the affidavit of the 
attorney representing the State or parish board of education, if 
the case is one of serious public interest and in which a speedy 
decision is desirable, to set the cause for trial by preference, and 
all such cases may also be fixed for trial as early as possible on 
motion or petition of the attorney of the State or parish board of 
education. 

Sec. 11. [State Superintendent to Appoint Attorneys in Certain 
Cases.] — The Superintendent of Public Education may appoint a 
person of legal attainments in each school division (parish) of 
the State, to examioe notes due and other assets arising out of 
purchase of lauds granted to educational purposes ; to recover 
lands improperly held and revenues diverted, and generally pro- 
tect the school interests in matters appertaining thereto. He 
(the attorney) shall be paid a commission on moneys recovered, 
not exceeding ten per cent, and on the value of lands and other 
property recovered, not exceeding five per cent. 

Sec. 12. [Attorney of Parish Board,] — The district attorney 
of the district, or any other attorny selected by the board, shall 
act as counsel for the parish board. 

Sec. 13 [Duty and Authority of Parish Boards.] — The parish 
board of directors shall select from their number a president. 
They shall elect or appoint a parish superintendent, who shall 
be exoflBcio secretary of the board. They are authorized, in 



14 GENERAL PROVISIONS. 

their discretion, to appoint auxiliary visiting trustees for eacb 
ward or school district, or school in the parish ; such trustees to 
make quarterly reports to the parish boards of the actual condi- 
tion of, and shall make needful suggestions in all matters 
relating to the schools they have in charge as trustees. The 
parish board of directors shall report to the State Board of 
Education all deficiencies in the schools, or neglect of duty on 
the part of teachers, superintendent or other officer. They shall 
visit and examine the schools in the several school districts of 
the parish, from time to time,'and they shall meet and advise 
with the trustees when occasion requires (if auxiliary trustees 
be appointed by tie board of the parish). They shall apportion 
the school fund to the several districts in the parish in proportion 
to the number of persons in the district between the ages of six 
and eighteen years, and shall determine the number of schools 
to be opened, the location of the school houses, the number of 
teachers to be employed, their salary; and the said school board 
is entrusted with seeing that the provisions of the law are com- 
plied with. They shall make such rules and bylaws for their 
own government (not inconsistent with the law) as they may 
deem proper. The regular meeting of each parish board shall 
be held on the first Saturday of January, April, July and Octo- 
ber, and it may hold sneh special and adjourned meetings as the 
board may determine, or as occasion may require. Each member 
shall receive payment for his attendance at school board meetings, 
when the board shall hold regular sessions on the days before 
mentioned; provided, that the amount be not fixed by the said 
board at more than two dollars per diem, and provided that the 
whole amount expended annually shall not exceed one hundred 
dollar ^ The school boards shall exercise proper vigilance in 
securing for the schools of the parish all funds destined for the 
support ot ihe schools, in^ludiug the State fund apportioned 
thereto, the poll tax collec:ible, and all other funds. They shall 
keep a record of all their transactions and proceedings. The 
school boards may receive land by purchase or donation, for the 
purpose of electing a school house, provide for and secure the 



GENERAL PROVISIONS. 15 

erection of same, construct such outbuildings and enclosures as 
shall be conducive to the p'^otection of the property, make 
repairs and provide the necessary furniture and apparatus. All 
contracts for improvements shall be to the lowest responsible 
bidder, the board reserving the right to reject any and all bids. 
They shall have power to recover for any damages that may be 
done the property in their charge; they may, by a two-third 
vote of the whole board, after due notice, change the location of 
the school- house, sell or dispose of the old site and use the pro- 
ceeds thereof towards procuring a new one. 

Sec. 14. [Restrictions on Contracts and Debts.] — The dif- 
ferent boards of directors shall not be empowered to make 
contracts or debts for any one year greater than the amount of 
revenue prov ded for according to this act, it being the intent 
hereof that parties contracting with said board shall take heed 
that dur" revenue shall have been provided to satisfy the claim^ 
otherwise they may lose and forfeit the sime, and no action or 
execution shall be allowed in aid thereof, and that the board 
shall not exceed their powers in incurring the debt. 

Sec. 15. [Duties of President and Secretary of the Board.] — 
The president shall preside at the meetings of the board^ 
cal'l special meetings when necessary, advise with and assist the 
parish superintendent in p:omoting the success of the schools, 
and generally do and perform all other acts and duties pertain- 
ing to his office of president of the board. All deeds and con- 
tracts for the schools, including those with teachers, are to be 
sigiM'd by him ; the latter also by the parish superintendent. 

The secretary shall keep fnll minutes of all proceedings of 
the board in a book provided for the puri30se, and shall do and 
perform all other acts and duties legally pertaining to the office 
of secretary ot the board. 

Sec. 10. [Reports of State and Parish Boards and Officers.] — 
In addition to the biennial reports now required by law from 
State and district boards, the State and district officers, or 
other persons receiving or disbursing State or district funds, 



16 GENERAL PROVISIONS. 

said boards, officers and persons sb air render, in writing, to tbe 
State Auditor, semi-annual itemized detailed reports, which in 
case of the report of a board or its representatives, shall be signed 
by the president and secretary of the board, showing the several 
sums received and from what source, and the several sums dis- 
bursed and for what purpose and to whom paid, the said reports 
to be made on or before the first days of June or December of each 
year; and in the event of the failure so to do on the part of any 
board or district officer or other person above named, the Auditor 
shall report the delinquency to the Governor withiu tifteeu days 
after said failure, who shall be authorized thereupon, to remove 
from office the members of said board, or district officer or other 
person as for cause, unless it may be made to appear to the satis- 
faction ot the Governor, that said failure or delinquency occurred 
from unavoidable or excusable causes. 

Sec. 17. [Concerning Officers.] — All parish boards and par- 
ish officers having in charge the reception of, or disburse- 
ment of, public funds shall make semi-annual itemized, detailed 
accounts as required above to the clerk of court of the respective 
I)arishes, under the forms, conditions and peualties enumerated 
in Section 16 of this act. 

Sec. 18. [Penalties for Non-Compliance.] — In ca>e any sala- 
ried officer of the State failing to file with the Auditor of 
Public Accounts semi-annual itemized, detailed accounts, as 
j)rovided in the sixteenth section of this act the Auditor shall, 
within fifteen days thereafter, furnish to the Treasurer of the 
State, a certificate to that effect and thereafter it shall be illegal 
for the Auditor to audit any warrant of said officer for salary, 
or the Treasurer to pay the same, until such time as the delin- 
quent officer shall have complied with the foregoing provisions. 

Sec. 19. [Power of the District Board in Expropriations.] — 
When land shall be required for the erection of a school house 
or for enlarging a school house lot, and the owner refuses to 
sell the same for a reasonable compensation, the District Board 
of School Directors shall have the power to select and possess 



GENERAL PROVISIONS. 17 

such sites embracing space sufficiently extensive to answer the 
purpose of school house and grounds. 

Sec. 20. [Relative to the Value of the Grounds.] — Should 
such land holder deem the sum assessed too small, he shall 
have the right to institute suit before any proper judicial 
tribunal for his claim ; but the title shall pass from him to the 
school corporation. 

Sec. 21. [Penalty for Non-Performance of Duty.J — A failure 
on the part of any district, parish or State ofi&cer to per- 
form the duty imposed upon him by any section of this act, under 
the title, "Education," and in the manner herein specified, is 
hereby declared a misdemeanor in office. Upon conviction thereof, 
such officer shall be punished by a fine not less than fifty, and 
not exceeding one hundred dollars, and by imprisonment in the 
parish prison for a term of not less than thirty days, and not 
exceeding three months. All prosecutions for offenses against 
this section shall have precedence over all cases before any jus- 
tice of the peace, parish or district court. 

Sec. 22. [Sale Which Can be Made by the Land Register.] — 
It shall be lawful for the Eegister of the Land Office to sell, 
at the price stipulated by law, to any Board of Free School 
Directors of this State, any amount, not less than five acres, 
of any laud within their school district, donated by Congress 
to this State, either for the use of a seminary of learning, or 
for the purpose of internal improvement, on which to erect a 
school house. 

Sec. 23. [How Located.] — Any land so sold shall commence 
in the corner of a legal division or sub-divisions of sections ; 
and if in a right angle, it shall be run an equal distance 
on two sides, bounded by the line of such division, and form a 
square including the number of acres sold ; if in an acute angle, 
it shall be bounded by said division lines to such distance, and 
by lines in such other directions as the Eegister may deem most 
equitable between the land so sold and that retained ; the pat- 
ents for lauds so sold shall issue to the free school directors and 



18 GrENERAL PROYISIONS. 

their successors, for the use of their district schools, setting fortb 
the number, and of what parish. 

Sec. 24. [Reservations of School Lands.] — The Register of 
the State Land Office at Baton Eouge is required to ascer- 
tain in what township in this State, there are no reserva- 
tions of school sections by reason of coniiicting claims or from 
any other cause, or where the reservation is less than contem- 
plated by law ; and in such cases it is made his duty under the 
superintendence of the Glovernor, to apply for, and as soon as 
possible, obtain a location of any land or part of land in lieu 
thereof. 

Sec. 25. [Scrips Should Issue Only When Locations Cannot be 
Made.] — When such locations cannot be made, if deemed more 
advantageous to the State, the Eegister, with the assent of the 
Federal Government, is authorized to issue scrip for such lands, 
which scrij) shall not be' sold for a less amount than one dollar 
and twenty-five cents per acre. 

Sec. 26. [Exemptions from Jury Duty.] — The following per- 
sons shall be exempted from serving as jurors, but the exemp- 
tion shall be i;)ersonal to them, and when they do not themselves 
claim the exemption it shall not be sufficient cause from chal- 
lenging any j)erson exempt under the provisions of this act. 

* * * The Governor, Lieutenant Governor, State Au- 
ditor, State Treasurer, Secretary of the State, Superintendent of 
Public Education, their clerks and employees, and all public 
officers, commissioned under the authority of the United States. 

* * * professors and school teachers while employed 
in teaching. ********** 

Sec. 27. [Division of Parishes Into School Districts.] — It shall 
be the duty of the parish board, with the parish superin- 
tendent, to divide the parish into school districts of such proper 
and convenient area and shape as will best accommodate the 
children of the parish. The parish boards shall, as soon as 
practicable, proceed to the work imposed rpon them, and upon 
comDleting this work, they shall make a report to the parish 



STATE SUPERINTENDENT OF PUBLIC EDUCATION. 



19 



superintendent, which report shall contain the boundary and 
description of the said district designated by number. The 
parish superintendent shall record the same in a well bound 
book, kept by him for the purpose, which book shall be held by 
said parish superintendent, and be at all times open to inspec- 
tion. The parish board, if they deem it to the best interests of 
the schools, may divide the parish into districts without refer- 
ence to the wards in the parish. 

Sec. 28. [School Districts in Two Adjoining Parishes ; How 
Laid Off.] — The parish superintendents of two adjoining par- 
ishes, where the division line intersects a neighborhood whose 
convenience requires it, may lay off a district composed of parts 
of both the parishes. Such districts shall be reported, together 
with the census of school children only as belonging to the parish 
in which the school house may be situated, by the parish super- 
intendent of the parish 5 and report shall be made by the assessor 
and the parish superintendent as though it lay entirely in the 
parish. 

Sec. 29. [Option Which District School Children Will Attend.] 
Where two school districts adjoin, it shall be lawful for the 
children in either of the said adjoining districts to be taught 
in and at such school house as shall be most convenient 
to them ; provided, that their tuition fees shall be paid to the 
district in which they are taught, and that no change be made 
without the assent of the school boards of the respective parishes. 

II. State Superintendent of Public Education. 



30. IS. 16, A. 81, 1888.]— Au office to 
be provided for the State Su- 
perintendent; cnstody of pa- 
pers and records; vacancy 
filled by appointment from the 
Governor. 



31. [S. 17, ^.81. 1888 ]— Salary of 

the State Superintendent, his 
office, stationery, clerk, porter. 

32. [S. 18, ^.81, 1888.]— Duties of 



the State Superintendent and 
the schools subject to his super- 
visory control 

33. iS. 19, A 81, 1888 ]— Accounts he 

shall keep. 

34. IS. 20, A. 81, 1888.]— Biennial re- 

port; what it shall contain; 
number of copies to be printed 
and distributed. 

35. IS. 21, A. 81, 1888.]— Institutions 



20 



STATE SUPERINTENDENT OF PUBLIC EDUCATION. 



II. State Superintendent of Public Education — 
Continued. 



36. 



of the Blind aucl the Deaf aud 
Dumb; Eejiorts and sugges- 
tions to be made by the State 
Superintendent. 
[S. 22, A. 81, 1888.]— Copies of 
the State Superintendent's rec- 
ords and papers admissible in 



evidence. 

37. IS. 23, A. 81, 1888.]— Must report 

neglect of duty and the im- 
proper use of school funds. 

38. IS. 24, A. 81, 1888.]— Decisions 

and appeals. 



Sec. 30. [State Superintendent of Public Education.] — An 
office shall be provided for the State Superintendent of Public 
Education at the seat of government, in which he shall file, each 
year separately, all papers, reports and public documents trans- 
mitted to him by the board and ofiftcers whose duty it is to report 
to him, and hold the same in readiness to be examined by the 
Governor whenever he sees proper, and by any committee ap- 
pointed by the General Assembly ; and he shall cause to be kept 
a record of all matters appertaining to his oflice. In case of 
vacancy in the office of Superintendent of Public Education, the 
Governor shall fill the vacancy and submit the name of the 
appointee to the Senate for its confirmation at the first session 
held after the appointment. 

Sec. 31. [Salary, Office Expenses, Clerk, Porter.]— The 
salary of the Superintendent of Public Education shall be two 
thousand dollars per annum, besides which he shall be entitled 
to office fixtures, stationery, books, fuel and lights needed to 
carry on the work of his office. He shall have the authority to 
appoint a clerk and a porter, and prescribe the duties of each ; 
provided, that the entire expenses of his office, including salaries, 
postage and incidentals, shall not exceed the specific appropria- 
tion therefor, payable in monthly installments, out of the current 
school fund, by the Treasurer of the State, upon the warrants of 
the State Superintendent. 

Sec. 32. [Duties of the State Superintendent.]— The State 
Superintendent of Public Education shall have general super- 
vision of all boards of education, and of all commgn, high or 



STATE SUPERINTENDENT OF PUBLIC EDUCATION. 21 

normal schools of the State, and shall see that the school system 
is carried into effect properly. He shall visit the several par- 
ishes of the State whenever practicable, at least once a year? 
and shall give due notice of the time of his intended visit to the 
parish superintendent, whose duty it shall be to meet and confer 
with the State Superintendent on all matters connected with the 
interests of the common schools of the parish ; while engaged in 
this duty, his actual expenses shall be paid out of the current 
school fund, but shall not in any case exceed the amount appro- 
priated per annum for the purpose. 

Sec. 33. [General Duties of the State Superintendent] — 
He shall keep an account of all orders drawn or countersigned 
by him on the Auditor of all returns of settlements, and make 
note of all changes, in the appointment of school treasurers j 
whenever required any part of this account or note of change 
shall be furnished by the Auditor.' 

Sec. 34. [Biennial Report.] — He shall biennially, on or be- 
fore the meeting of the General Assembly, make a report of the 
condition and progress made and possible improvements to be 
made in the common schools; the amount and condition of the 
school funds ; how its revenues, during the two previous school 
years, have been distributed; the amount collected and dis- 
bursed for common school purposes from local taxation or from 
any other source of revenue, and how the same was expended. 
This report shall contain an abstract of the i^arish and city 
superintendents' reports. He shall communicate all facts, sta- 
tistics and information as are of interest to the common schools. 
He shall cause to be printed a copy for each school district in 
the State, two hundred copies for the use of the members ot the 
legislature, and to exchange with the superintendents of public 
instruction of other States, and three hundred copies for dis- 
tribution by the superintendent. 

Sec. 35. [Suggestions to be Made Concerning Institutions for 
the Blind, Deaf and Dumb.] — The Superintendent in his report 
shall set forth the objects, make suggestions which may be 



22 STATE SUPERINTENDENT OF PUBLIC EDUCATION. 

of interest and promote the success ot the Institutions of the 
Blind and the Deaf and Dumb. The superintendents of these 
institutions shall annually, by the first day of March, furnish 
the State Superintendent ot Public Education such statements 
of their respective institutions as may be necessary to enable 
him to make a full and satisfactory report. 

Sec. 36. [Copies of Superintendent's Records Admissible in 
Evidence.] — Certified copies of records and papers in his office 
shall, in all cases, be evidence as admissible as the original. 

Sec. 37. [Reports to State Board in Certain Cases.] — It is 
made j)art of his duty to report all neglect of duty or any im- 
proper uses made of school funds to the State Board of Education 
whenever it may come to his knowledge. 

Sec. 38.* [Decisions and Appeals.] — The State Superintend- 
ent shall decide all controversies or disputes that may arise or 
exist among the directors, or between the superintendents and 
the board, and between the superintendents and teachers con- 
cerning their respective duties. The facts of these controversies 
or disputes shall be made known to him by written statements 
by the parties thereto, verified by oath or afiS^rmation, if required, 
and accompanied by certified copies of all necessary minutes, 
contracts, orders or other documents. An appeal may be taken 
from his decision to the Board of Education, provided it be 
taken within fifteen days after his decision shall have been made* 
When called upon by the Superintendent of Public Education 
the Attorney General shall give his opinion in regard to any 
controversy or dispute. The Superintendent of Public Edu- 
cation shall, whenever required, give advice, explanations, 
constructions or informations to the district officers and super- 
intendents and citizens relative to the common school law ; the 
duties of common school officers ; the right and duties of parents, 

*Section 38. This department will gladly assist in every way in securing uniform and 
satisfactory administration of school affairs. The custom of answering proper inquiries, from 
school officers, teachers or others, touching constructions and app.ications of school laws, will 
continue. All correspondence of this kind ia filed here for preservation, letter-press copi s 
being talcen for that purpose. It is obvious that we cannot comply with requests for the 
return of letters of inquiry with our replies. 

In appealing to the State Superintendent, copies of the charges verified by oath should be 
furnished tiie officers or persona complaiued against that they may answer for themselves. 



PARISH SUPERINTENDENT, TREASURER, ETC. 



23 



guardians, pupils and all officers : the management of the schools, 
vand all other questions calculated to promote the cause of 
education. 

III. Parish Superintendent, Treasurer, and Other 

Officers. 

47. [S. 32, A. 81, 1888.]— Oaths he 
may administer. 

48. IS. 33, A. 81, 1888]— His office 
days. 

49. [S. .56, A. 81, 1888 ]— Parish Trea- 
surer is ex-officio School Trea- 
surer. 

50. IS 57, A. 81, 1888.]— His bond; 
in favor of the Governor; 
amount ; certified copies must 
be furnished the State Super- 
intendent and the State Trea- 
surer. 

51. [S. 58, A. 81, 1888.]— Transfer of 
funds and documents of Parish 
■Treasurer to his successor. 

52. IS 59, A. 81, 1888.]— How funds 
shall be disbursed 

53. [5. 60, ^.81, 1888.]— Parish Trea- 
surer's compensation. 

54. \_S. 61, A. 81, 1888 ]— Receipts 
and disbursements by the Par- 
ish Treasurer ; his report to the 
State Superintendent. 



41 



42 



43 



59. IS. 25, A. 81, 1888.]— Qualifica- 
tions and salary of the Parish 
Superintendent. 
40. IS. 26, A. 81, 1888,]— Must visit 
each"school once a year. 

IS. 27, A. 81, 1888 ]— Additional 
compensation allowed for cer- 
tain services. 

[S. 28, ^.81, 1888.]— Committee 
for the selection of teachers. 

[S. 29, A. 81, 1888.]— Enumeration 
of educable youth — each Parish 
Superintendent to forward an 
annual statement to the State 
Superin tendent. 
44. [S. 16, A 85, 1888.]— Duty of As- 
sessor in enumerating youths. 

IS. 30, A. 81, 1888 ]— Parish Su- 
perintendent to report annually 
to the State Superintendent. 

[S. 31, A. 81, 1888.]— Custody of 
official documents by the Par- 
ish Superintendents. 

Sec. 39. [Qualifications ; Salary.] — There shall be a parish 
superintendent in each of the parishes of the State, the parish 
^f Orleans excepted, who shall be possessed of moral character 
and ability to manage the common school interest of the i^arish. 
He shall be of age. His salary shall not be more than two hun- 
dred dollars per annum for his services as superintendent and 
secretary as herein provided. 

Sec. 40. [Visits to be Made.] — He shall duriug the year 
visit once, at least, each school district in the parish, and he shall 
exert his best endeavors in i^romoting the cause of common 
.school education. 



45 



46 



24 PARISH SUPERINTENDENT, TREASURER, ETC. 

Sec. 41. [Additional Compensation.] — Whenever his serv- 
ices are quite efficient aud highly satisfactory to the school board, 
it is authorized in its discretion to allow an amount sufficient to 
the parish superintendent to defray his expenses in visiting- all 
the schools in his parish. The amount allowed shall never 
exceed one hundred and twenty-five dollars per annum. Prior 
to any payment for expenses in visiting the schools, he shall 
make a written report respecting the condition of each school 
examined, and shall make it appear that he has devoted at 
least three hours in examining each school visited. The school 
board is also authorized to defray his expenses to attend annu- 
ally the convention of superintendents. 

Sec. 42.* [Committee for Appointment of Teachers.] — The 
president of the school board and a member appointed by the 
board, also the parish superintendent, shall constitute a commit- 
tee, and shall as such appoint the teachers of the common schools 
for his parish, and fill vacancies in the order of merit as herein- 
after provided. At the first meeting of the board after the 
appointment, it shall be noted in each instance in the minutes of 
its proceedings. 

Sec. 43. [Enumeration of Educable Youth.] — It shall be the 
duty of the parish superintendent, on or before the 10th day 
of January of each year, to cause to be placed in the hands of 
the State Superintendent of Public Education a report showing 
the number of children between the ages of six and eighteen 
years, residing in the parish, and the whole number residing in 
each district designated by its number. He shall take the 
items of his report from the assessor's returns showing the said 
number of children, but he shall assure himself of its correct- 
ness, and so attest before a competent officer. 

'Section 42. The coDtraet thus resulting from the appoiDtment of teachers by the appoint- 
ment committee is binding upon the board and only annulled when its conditions are unfulfilled 
and when it contains unauthorized tei-ms as are solely determinable by the parish board, as 
matters of school location, number of teachers employed, and salaries. 

The supeiintendent may discharge teacheis found unworthy of the tmst confided to them. 

Tor neglect of duty, the board may remove the parish superintendent. 

The board must hold its executive ofl&cers responsible in such manner that arrangements- 
■wiU. have a positive character aud shall not be liable to frequent and harmful changes. 



PARISH SUPERINTENDENT, TREASURER, ETC. 25 

Sec. tttt. [Assessor's Enumeration.] — The assessors of the 
several parishes throughout the State (the parish of Orleaus 
excepted,) shall furnish to the Auditor of Public Accounts, 
within the time prescribed by section 12 (the first of January of 
each year) with blank forms ot assessments, as follows, viz : 

* * * WHITE CHILDREN BETWEEN SIX AND EIGHTEEN YEARS, 

MALES, 

FEMALES, 

COLORED CHILDREN BETWEEN SIX AND EIGHTEEN YEARS. 

MALES, 

FEMALES, 

And it shall be the duty of the said assessors * * * to cor- 
rectly return the * * statistics thereto attached. 

Sec. 45. [Annual Report of Parish Superintendent] — He 
(the parish superintendent) shall previously to the 15th day 
of January, mail to the State Superintendent of Public Educa- 
tion his official report, showing in tables an aggregate of 
the school districts in his parish by number, the districts 
in which schools were taught, and the length of time taught, 
the highest, the lowest, and the average number of children 
at school, the cost of tuition of each child for the session 
and per month, number of private schools, academies and 
colleges taught in the parish, and the length of session of 
same ; the number of teachers employed, male and female, for 
the common schools, the average wages of male teachers, female 
teachers, the amount of money raised for school purposes in the 
parish by local tax or otherwise, and for whose purposes it was 
disbursed ; the number and kind of school houses, and the value 
of each, the number built during the year preceding the report, 
the number of district libraries and the number ol volumes in 
each, and the increase during the year, the amount received and 
expended. In case of his neglecc or failure to make this report 
in time as required, he shall forfeit and pay the sum of twenty 
dollars of his annual salary. 

Sec. 46. [Custody of Records, Papers, and Documents.] — 
Each parish superintendent shall keep a record of all the busi- 



26 PARISH SUPERINTENDENT, TREASURER, ETC. 

ness transacted by him as parish superintendent, the names and 
numbers, and description of school districts, and all other papers 
and documents of value connected with his office, at all times 
subject to inspection and examination by any school officer or 
other person interested in any question pertaining to the common 
school. 

Sec. 47. [Oaths Superintendent May Administer.] — The parish 
superintendent may administer the oath required of any of the 
officials of the common schools, or of any person required to 
make oath in any matter relating thereto, except to qualify 
directors. » 

Sec. 48. [Office Days.] — He shall attend at his office, at 
the parish seat, on the first Saturday of January, April, July 
and October, in each year, and at such other times as may be 
necessary for him to receive the reports of teachers and others, 
and to transact the business required of him. 

Sec. 49. [Parish Treasurer is Ex-Officio School Treasurer.] — 
The parish treasurer in every parish (the parish of Orleans 
excepted) shall be and is constituted the treasurer of all school 
funds apportioned by the State to such parish, or raised, col- 
lected or donated therein for the support of the free public 
schools ; he shall receive and receipt for all such funds to the 
Treasurer of the State, and to the collector of parish taxes. 

Sec. 50. [Bond of the Treasurer.] — Immediately upon the 
passage of this act, and thereafter before he enters upon the 
duties of his office, the parish treasurer of each parish who shall 
be elected after the passage of this act, shall, in addition to the 
bond required by existing law, execute a bond in favor of the 
Governor of the State, with good and solvent security, in a sum 
equal to the amount annually apportioned to the parish ; the 
sureties on said bond shall be residents of the parish, and shall 
own therein real estate worth over and above all incumbrance 
"the amount of their obligations thereon ; said bond must be 
accepted by the president of the board of directors, and the clerk 
of the district court, who shall record the same in the mortgage 



PARISH SUPERINTENDENT, TREASURER, ETC. 27 

book of the parish, and shall forward to the State Superintendent 
of Education and to the State Treasury a copy of said bond, 
with a certificate of its acceptance and registry endorsed thereon. 

Sec. 51. [Transfer of Funds.] — Said treasurer, immediately 
upon the acceptance of his bond, shall demand of his prede- 
cessor in the office of the treasurer of the school funds, the cus- 
tody of all books and papers and of all balances of school money 
in his hand as custodian of the school funds of the parish. 

Sec. 52. [How Funds Shall be Disbursed.] — Said treasurer 
shall pay out of the school funds intrusted to his charge only on 
warrants drawn by the president and countersigned by the sec- 
retary of the parish school board, and shall state against what 
school district fund it was drawn, which warrants shall be drawn 
by these officers only in virtue of appropriations regularly made 
by the parish board ; the parish board shall make annually an 
estimate of the amount ot revenue for the year, appropriating 
the same as above required, and no warrant beyond the amount 
estimated shall be drawn for any year. These warrants shall 
be numbered and shall specify on their face to whom and for 
what they are given, and the date of the appropriation made by 
the school board ; the treasurer shall pay these warrants only to 
the extent of the amount to the credit on his books, and in the 
order in which they are presented, of school aistricts, in behalf 
of- which the warrants shall have been drawn, and said warrants 
shall be filed in the office as vouchers, and with the account 
book kept by him as treasurer of the school fund shall always 
be subject to examination by any one who chooses to examine 
them. 

Sec. 53. [Treasurer's Compensation.] — The compensation of 
the treasurer shall be a sum to be fixed by the State Board of 
Education, for each parish, according to its territorial area and 
the amount of fund to be disbursed 5 but in no case shall it 
exceed two and a half per cent of the amount disbursed by him 
as shown by his vouchers. 

Sec. 54. [Treasurer's Report.] — It shall be the duty of the 
treasurer to furnish to the parish board accounts of his receipts 



28 



TEACHERS. 



and disbursements as often as required by them, and before tUe 
10th day of January, annually he shall forward to the State 
Superintendent of Public Education, in such form as he shall 
Ijrescribe, a full report of his receipts and disbursements for the 
year, and of the balance on hand to the credit of each ward or 
school district, and the indebtedness outstanding on the first 
day of January ; provided, the foregoing sections do not apply 
to the treasurer of the board for the parish of Orleans. 

IV. Teachers. 



INSTITUTES. 

55. IS. 34, A. 81, 1888.]— Date for 

parish institutes. 

56. IS. 35, A. 81, 1888.]— Attendance 

at the parish institutes obliga- 
tory upon teachers ; exceptions. 

57. [_S. 36, ^.81, 1888.]— Length of 

institute session ; penalty for 
non-attendance. 

58. IS. 37, A. 81, 1888.]— Members of 

the institute, active and hon- 
orary. 

59. IS. 38, A. 31, 1888.]— Roll of in-' 

stitute members. 

60. [5. 39, j1 81, 1888]— Parish super- 

intendents to appoint institute 
managers ; miinager's pay. 

61. [S. 40, A. 81, 1888.]— Institute 

fund ; superintendent's c o m- 
pensation for personal superin- 
tendence at institute. 

62. \_S. 41, A. 81, 1888 ]— Foregoing 

sections not applicable to Or- 
leans parish. 

63. [S. 43, A. 81, 1888.]— Institute 

report by parish supei-inteud- 
ent 

64. [S 1, A 64, 1894]-State teach- 

ers' institutes 

65. [5.2, A. 64, 1894.] -State insti- 

tute conductor ; how elected ; 
salary. 

66. [S. 3, A. 64, 1894.] -State insti- 

tute conductor, an ex-otiicio 



member of the State Normal 
School faculty. 

67. [S. 4, A. 64, 1894.]— Assistant in- 

stitute lectvu'ers; remuneration. 

68. [S. 5, A. 64, 1894]— State Super- 

intendent and the President of 
the Normal School ex-olificio 
State institute managers. 

69. [S. 6, A. 64, 1894]— Local ar- 

rangements for institutes ; no- 
tification to teachers to attend 
institutes. 

70. [S. 1, A. 64, 1894.]— Penalty for 

inexcusable absence of teachers 
from institutes. 

71. [S. 8, A 64, 1894.]— Leaves of ab- 

sence to be granted and salaries 
continued. 

72. IS. 9, A. 64. 1894.]— Certificates. 

of attendance. 

73. IS. 10, A. 64, 1894.]— Eeport of 

the institute conductor. 

EXAMINATIONS. 

74. IS. 44, A. 81, 1888.]— When two 

or more teachers apply for the 
same position, it shall be 
awarded by competitive exam- 
ination. 

75. [6'. 45, A. 81,1888.]— Examination 

fee. 

76. IS. 46, A. 81, 1888.]— Examiners: 

shall take an oath that they 
Avill faithfully discharge their 



TEACHERS. 



29 



lY. Teachers— Continued. 



duties; parisli superinteiident 
may in certain cases revoke the 
endorsements of teachers by ex- 
amining committees. 

77. [5. 47, A. 81, 1888.]— Qualifica- 

tions necessary to obtain a third 
grade certificate. 

78. IS. 48, A. 81, 1888.]— Qualifica- 

tions for a second grade certifi- 
cate. 

79. IS. 49, A. 81, 1888.] -Qualifica- 

tions for a third grade certifi- 
cate. 

80. IS. 50; A. 81, 1888.]— Certificate 

reqtiired as a requisite to the 
employment of a teacher. 



81. [S. 3, A. 40, 1888 ]— Examination 

of teachers onhj'^giene and tem- 
perance. 

82. IS. 4, A. 40, 1888.] -Certificate to 

be filed by teacher. 

83. [S. 1, A. .57, 1894.]— Peabody Nor- 

mal graduates are entitled to 
certificates of qualification. 

84. [S. 51, A. 81, 1888.]— It is the 

duty of each teacher to keep 
daily registers, and to make 
monthly reports ; penalty for 
non-performance. 

85. [S. »2,. A 81, 1888.]— Account- 

ability of pTipils to teachers. 



Institutes. 

Sec. 55. [Date for Teachers' Institute.] — The parish super- 
intendent may devote the first Saturday of each month, during 
the time the common schools are in session in the parish, to 
holding institutes for the improvement of teachers in their quali- 
fications and methods of teaching, and for the discussion of 
topics pertaining to the advancement of the public school interest 
in the parish. 

Sec. 56. [Attendance Obligatory.] — The teachers shall be 
notified of the time and place of the monthly institute meeting. 
Teachers failing to be present, or to take such part in the exer- 
cises as the Superintendent may assign or designate, shall for- 
feit one day's salary (which forfeited salary shall be paid to the 
parish institute fund), unless a good and sufficient reason for 
such failure to attend shall be given in writing to the parish 
superintendent within ten days thereafter. No teacher shall be 
bound to attend the institute who, to do sO; shall have to travel 
a greater distance than ten miles each way, and otherwise than 
by land. 

Sec. 57. [Penalty for Superintendent's Absence.]— Three hours 
work shall be required to constitute a legal session of one 



30 TEACHERS. 

institute, and the parish superintendent shall forfeit five dollars 
for each institute that he fails to conduct as required by this 
act, unless physically unable to attend, or for other sufficient 
excuse, to the satisfaction of the school board. 

Sec. 58. [Members May be Active or Honorary.] — These 
institutes may receive as members, honorary or active, the mem- 
bers of the board, all officers, and any citizen of good moral 
character as may desire to become a member, subject to the rules 
and regulations, and to the payment of such dues and fines as 
may be imposed by a quorum of the said institutes. 

Sec. 59. [Parish Institutes; Roll of Members.] — Each par- 
ish superintendent, upon the assembling of the teachers' institute 
of his parish shall cause a roll of the members to be prepared^ 
which roll shall be called at least twice a day during the session 
of the institute, and all absentees shall be carefully marked. 
He shall ascertain the number of teachers who were in attend- 
ance, and length of time each attended, and shall keep a record 
thereof. 

Sec. 60. [Institute Managers.] — Each x>arish superintend- 
ent before the beginning of the free school term, shall appoint 
one of the best qualified teacher.*^ of his parish as institute man- 
ager for each institute district, should there be more than one 
institute district in the parish ; and such appointees shall each 
be paid for actual services two dollars and a half per day out of 
the institute fund as comJDensation for holding institutes, and' 
for assisting the superintendent during the session. 

Sec. 61. [Institute Fund.] — All institute funds shall be 
collected and receipted for by the Superintendent. He shall 
have a record of the amount received, hand them over to the 
treasurer of the school board, who shall keep a separate account 
of these funds. He shall pay them out on the warrant of the 
superintendent, countersigned by the president of the school 
board. These funds shall be expended only in the interest of 
the institutes. The superintendent, for all services in connection 
with these institutes, shall be paid three dollars a day out of 



TEACHERS. 31 

said fund for each day he will cause the said institute, to 
hold under his personal superintendence, and for each day's 
attendance as provided for in section fifty-five (55). 

Sec. 62. [Institute Not Applicable to Orleans Parish] — The 
foregoing sections having reference to parish institutes shall 
not apply to the parish of Orleans, but the school board of said 
parish may inaugurate and carry on such institutes in the manner 
and with the power and authority set forth above. 

Sec. 63, [Reports Respecting Institutes.] — The parish su- 
perintendent, in his annual report to the State Superintendent, 
shall state the time and place teachers' institutes were held j the 
names of the persons conducting the same ; the number of per- 
sons registered as in attendance; the sums collected; the num- 
ber and names of teachers of common schools in the parish who- 
did not attend the institute, and such other information of the 
proceedings and results of the institute as he may deem of value 
and interest. 

Sec. 64. [State Institutes.] — As a means of improving and 
making more efficient the teachers of the public schools of the 
State of Louisiana, and awakening a deeper public interest in 
said schools, the State Superintendent of Public Education and 
the President of the State Normal School shall cause to be held 
each year at least twenty (20) weets of the State Teachers' Insti- 
tutes at such times and places as they, with the advice of the 
respective parish superintendents of public education, may deter- 
mine. They shall give notice of the time and place selected 
for each institute at least thirty days before the beginning of 
the said institute. 

Sec. 65. [State Institute Conductor.] — The State Superin, 
tendent of Public Education and the President of the State 
Normal School shall select an experienced Institute Conductor,, 
who shall have immediate charge of the institutes provided for 
in this act and whose salary for that service shall not exceed 
one thousand dollars ($1000) per annum, payable out of any 
funds donated by the board of trustees of the Peabody Educa- 



32 TEACHERS. 

tional Fund, or appropriated by the General Assembly of the 
State of Louisiana, for institute purposes. 

Sec. 66. [Ex-Officio Member of State Normal School Faculty.] 
Said Institute Conductor shall be appointed for one year, and 
sliall be ex-officio a member of the faculty of the State N'or- 
mal School, performing therein such services and receiving such' 
compensation therefor as the board of administrators of said 
institution may determine. 

Sec. 67. [Assistant's Remuiierati<jn.] — Said Institute Con- 
ductor shall be assisted in the work by members of the faculty of 
the State Normal School and by such other assistants as the 
State Superintendent of Public Education and the President of 
the State Normal School may select; provided, that members of 
the State Normal School shall receive no compensation other 
than their actual traveling expense-* for institute work done 
during the session of said institution ; but fspr institute work 
done during the vacation of said Normal School, they, in common 
with the other assistants, shall receive such remuneration as the 
State Superintendent of Public Education and the President of 
. the State Is'ormal School may deem sufficient, payable out of any 
funds derived from the Peabody Fund, or appropriated by State, 
parish or locality for institute purposes. 

Sec. 68. [State Institute Managers.] — The State Superin- 
tendent of Public Education, the President of the State Normal 
School and the State Institute Conductor shall be known as the 
State Institute Managers, and shall prescribe the order and 
character of the institute exercises and such other details as they 
may deem necessary. 

Sec. 69. [Notification to Teachers.] — The parish superin- 
tendent, with the advice of the State Superintendent and the 
President of the State Normal School shall make all necessary 
arrangement for the State Teachers' Institutes held in his parish, 
and shall do everything in his power to insure their success. 
He shall give to every public school teacher of his parish at 
least fifteen days' notice of the time and place of meeting of the 



TEACHERS. 33 

justitute; aod shall order all the public schools of his parish to 
be closed during the session of the institute. 

Sec. 70. [Penalty for Absence Without Satisfactory Excuse.] — 
Any public school teacher failing to attend the institute held 
in his parish, without an excuse satisfactory to the board 
of school directors thereof, shall immediately upon demand of 
the parish superintendent, forfeit his certificate and lose his 
position; and each public school teacher in attendance upon 
the institute shall receive the same compensation for the time of 
attendance as for actual teaching, whether ther school be in ses- 
sion or not ; provided, he shall have been present during the 
whole session of the institute. 

Sec. 71. [Leave of Absence and Compensation.] — The school 
superintendent of every parish in which no State4iistitute is to 
be held during the year, shall encourage and urge the public 
school teachers of his parish to attend the nearest State Teachers 
Institute, granting them leave" of'-absence from their school 
duties and giving them the same compensation for attending the 
institute as is provided in section seventy for the teachers of 
schools located in the parish wlierein the institute is held. 

Sec. 72. [Certificate of Attendance.]— The State Institute 
Conductor and his assistant conductors shall issue certificates 
of attendance to every teacher in attendance during the whole 
session of a State Teachers' Institute and parish boards of school 
directors shall give preference, ceteris paribus, to the holders of 
said certificates in the selection of teachers for the public 
schools. 

Sec. 73. [Repart of Institate Conductor.] — The State Insti- 
tute Conductor shall annually make an exhaustive report of the 
State Teachers Institutes to the President of the State Normal 
School, who shall transmit said report to the State Superin- 
tendent of Public Education, and also embody it in his biennial 
report to the Ceneral Assembly. 

Examinations. 

Sec. 74. [Competitive Examinations.]— It shall be tbe duty 
of the parish superintendent to conductor superintend in person 



34 TEACHERS. 

the examination of all persons offering themselves as candidates 
for position of teachers of the common schools of his parish 
(except in cities and towns organized as one district by special 
act of the General Assembly; excej)t also, when the applicant 
holds a certificate entitling him to teach without further exam- 
ination, as provided for in this act), in regard to their moral 
character, learning and ability to teach. For any violation of this 
duty he shall be liable to a fine of not less than twenty dollars, 
nor more than fifty dollars. The school board of the parish shall 
appoint a committee of two competent persons to assist him (the 
parish superintendent) in making these examinations. The 
superintendent and the committee must agree as to competency 
of the applicant before a certificate can be issued. Whenever 
two or more teachers apply for the same position or positions a 
competitive examination shall be held, and the position or posi- 
tions shall be given to the most competent. 

Sec. 75. [Examination Fee.] — Before being examined, each 
applicant for a certificate to teach shall pay a fee of one dollar 
for the parish institute fund, which shall be returned to him if a 
certificate be nor issued to him. 

Sec. 76. [Examiners; Duties and Penalties for Non-Perform- 
ance.] — Before the examiners shall commence their examina- 
tion of teachers, they shall take an oath that they will faithfully 
discharge their duties ; they shall not give to any person a cer- 
tificate before they will have examined the candidate touching 
his or her qualifications and fitness to teach, and who is not 
qualified to teach as required by the common school law. They 
shall be satisfied that the applicant is possessed of good moral 
character; if at any time the teacher be found incompetent,, 
inefficient or unworthy of the endorsement given him, the parish 
superintendent may revoke the same and notify the board of his 
action for its approval or disapproval. Any teacher may be 
discharged at any time under the above provisions, but he shall 
be entitled to receive payment for services only up to the time 
of such dismissal. 



TEACHERS. 35 

Sec. 77. [Third Grade Certificate.] — To obtain a third grade 
certificate the applicant must be found competent to teach spell- 
ing, reading, primary mental arithmetic, rudiments of practical 
arithmetic through fractions and simple interest, elementary 
geography, primary language lessons and laws of health. 

Sec. 78. [Second Grade Certificate.] — To obtain a second 
grade certificate the applicant must be found competent to teach 
arithmetic, geography, English grammar and composition, 
United States history, elements of natural philosophy and 
elements of physiology. 

Sec. 79. [First Grade Certificate.] — To obtain a high school 
or first grade certificate the ajjplicant must be found competent 
to teach elocution, spelling, grammar, rhetoric and literature, 
history, botany, philosophy, arithmetic, algebra, geography and 
geometry, and such other studies of high grade as local boards 
may deem necessary. A special certificate of this grade may 
issue on a satisfactory examination in the study or studies to 
be taught in any special academic department, which shall 
entitle the holder to special appointment in a department where 
such studies may be taught. 

Sec. 80. [Certificate, a Requisite to Employment.] — l^o per- 
son shall be appointed to teach who has not obtained a license 
for the scholastic year in which the school is to be taught, and 
of a grade sufficiently high to meet the requirements of the 
school, or unless he or she holds a certificate provided for by 
this act, which exetnj)ts him or her from examination -, provided, 
that all teachers who have been teaching since three years are 
exempt from further examination. 

Sec. 81. [Additional Requirement] — No certificate shall be 
granted hereafter to any new applicant to teach in the public 
schools of Louisiana, who has not passed a satisfactory examina- 
tion in the study of the nature of alcoholic drinks and narcotics, 
and of their effects upon the human system, in connection with 
the several divisions of the subject ot relative physiology and 
hygiene. 



36 TEACHERS. 

Sec. 82. [Certificate to be Filed by the Teacher.] — Each 
teacher of auy school iu this State supported wholly or in part 
from public mouey, shall, before receiving any remuneration for 
services rendered in said capacity, file a certificate with the 
person by whom such payments are authorized to be made, to 
the etfect that such teacher has faithfully complied with all the 
provisions of this act during the entire period for which such 
payment is sought and iu the manner specified in this act, and 
no money shall be i)aid to any such teacher who has not filed 
such a certificate. 

Sec. 83. [Exception in Regard to State and Peabody Normal 
Diplomas.] — Diplomas conferred by the Peabody Kormal School, 
located at Nashville, Tennessee, upon graduates of that in- 
stitution, shall entitle them to a first grade teacher's certificate, 
valid in any town or parish of this State for four years from the 
date of graduation, at the expiration of which time it may be 
renewed by the State Board of Education upon satisfactory 
evidence of the ability, progress, and moral character of the 
teacher making application for such renewal. 

Sec. 84. Teacher's Register and Monthly Report.] — It shall 
be the duty of each teache-r of a common school to keep such a 
register of the school as the parish superintendent may require, 
and prior to receiving his or her monthly salary at the end of 
each month, he or she shall make a report of the entire number 
of pupils enrolled ; the highest, lowest and average number of 
pupils in attendance during the session; the books used, 
branches taught, number of pay pupils, if any, and such other 
information as the parish superintendent may deem important, 
and shall furnish a copy of such report to the parish superin- 
tendent, and if he or she willfully neglect or fail to do this the 
parish sui^erintendent shall withhold two dollars ($2) of his 
salary due for the benefit of the parish institute. 

Sec. 85, [Accountability of Pupils to Teachers.] — The teach- 
ers shall faithfully enforce in school the course of study 
and the regulations prescribed in pursuance of law, and if any 



REVENUE. 



37 



teacher shall willfully refuse or neglect to comply with such 
requisitions, the parish superintendent, on petition or complaint 
which shall be deemed sufficient by the board, may remove or 
dismiss him or her. Eveiy teacher shall have the power and 
authority to hold every pupil to a strict accountability in school 
for any disorderly conduct on the play grounds of the school or 
during intermission or recess, and to suspend from school any 
pupil for good cause ; provided, however, that such suspension 
shall be reported in writing as soon as practicable to the parish 
superintendent, whose decision of the cnse shall be final ; and, 
provided further, that in the parish of Orleans the principals of 
schools shall suspend and report same to the superintendent for 
approval or further action. 



V. Eevenue. 



86. 



87. 



89. 



90. 



91. 



92. 



93 



IS 53, A. 81, 1888.]— Apportion- 
ment of current school fund by 
the State Superintendent. 

[-S". 54, ^.81, 1888.]— Police ju- 
ries and municipal corpora- 
tions, except New Orleans, to 
levy 1^ mills for school pur- 
poses in their annual budget. 

IS. 55, A. 81, 1888 ]— Fines and 
bonds forfeited to be collected 
for the support of the common 
schools. 

IS. 1, A. 126, 1882.]— Special tax 
for public improvements ; how 
levied. 

IS. 3, A. 126, 1882.]— Advertise- 
ment of the result of election 
voting a special tax. , 

POLL TAX. 

IS. 1, A 120, 1880 ]— Poll tax; 

amount ; upon whom levied. 
[>S. 2, A. 120, .1880.]— Poll tax 

operates as a lieu or privilege. 
[S. i, A. 120, 1830.]— The collector 

of the poll tax to keep a record 

of taxes collected. 



94. 



95. 



[S. 5, A. 120, 1880.]— Quarterly 
settlements to be made by the 
collector. 



[S. 6, A. 120, 1880.]— How col- 
lector's quietus is obtained. 

96. IS. 1, A. 89, 1888.]— Duty of as- 

sessor in listing poll tax pay- 
ers, and penalty for non-per- 
formance. 

97. \_S. 2, A. 89, 1888.]- Sheriffs to 

return to the parish school 
boards a list of all persons who 
have paid poll taxes. 

98. [5. 3, A. 89, 1888.]— Penalty for 

sheriff's failure to show cause 
for non-collection of tax. 

99. [S. 4, A. 89, 1888.]— The sheriff 

may be compelled to show 
cause for not collecting. 

100. IS. 1, A. 87, 1886.]— Poll tax re- 

ceipt requisite to receiving wit- 
ness or juror's compensation. 

101. [S 2, A. 87, 1886.] -Deduction 

of witness and juror's compen- 
sation for poll tax. 

102. r^. 3, A 87, 1886.]— Clerk of the 



38 



EEVENUE. 



y. Eevenue— Continued. 



court to notify the tax col- 
lector of such cleductlous. 

103. [S. 1, J.56, 1894.]— Collection of 

tlie poll tax of Orleans vested 
in the city treasurer. 

SALE OF SCHOOL LANDS. 

104. [S. 2958, E. S., 1869.]— School 

lands : their sales ; how to he 
njade ; duty of the parish treas- 
urer. 

105. [S. 29.59, B. S., 1869 ]- Survey 

of school lauds. 

106. [5. 2960, B. S., 1869 ]— Sale on 

the order of the State Auditor. 

107. IS. 1, A. 168, 1894.]-Sale of un- 

habitable lands. 

108. [S. 2, A. 168, 1894.]— Sale con- 

ducted like other sales. 
109 iS. 2966, B. S, 1869.]— Sale of 
sections divided by parish lines 

110. [S. 2660, B. S., 1869 ]— Trea- 

surer's commission in sales. 

111. [<S. 2962, B. S., 1869.]— Lease of 

school lands. 

112. IS. 2964, B. S., 1869.]— Proceeds 

of lands accruing to towushijis. 

113. [*S'. 2965, B. S., 1869.J— Mode of 

annulling sales. 

114. IS. 1, A. 57, 1884. -Duty of Au- 

ditor to provide for the collec- 
tion of notes given in payment 
of the sixteenth sections 

115. [,S^. 2, A. 57, 1884.] -Duty of par- 

ish treasurer in collecting said 
notes. 

116. [S. 3, A. 57, 1884.] -Duty of dis- 

trict attorney or other attorney 
selected by school board to col- 
lect said notes ; mode of pro- 
ceeding in such collection. 



117. IS. 4, A. 57, 1884.] -Attorney's 

compensation 

118. IBes. 96, 1886 ]- Duty of the 

Auditor in fixing the capital 
due the townships. 

119. [S. 1, A. 14, 1882.]— Penalty for 

trespass on sixteenth section 
lands. 

120. [S. 2, A. 14, 1882.]— Same. 

DONATIONS. 

121. [S. 1, A. 124, 1882.]— Donations, 

hiter vivos and mortis causa, au- 
thorized. 

122. \S. 2, A. 124, 1882 ]-Conditious 

the donor may impose. 

123. [S. 3, A. 124, 1882.] -Proviso, 

property cannot be made in- 
alienable. 

124. [,S'. 4, J. 124, 1882.]— Trustees to 

organize in a body corporate. 

125. [S. 5, A. 124, 1882.]— When 

trustees fail to accept, the Gov- 
ernor may appoint others. 

126. [S. 6, A. 124, 1882.]— Duty of the 

trustees. 

127. [,S'.7, A. 124, 1882.]— Duty of the 

trustees in accepting and ad- 
ministering other donations, 
mortis causa or inter vivos. 

128. [S. 8, A. 124, 1882.1- Substitu- 

tions _/f.f?ei commissce or trust dis- 
position not to apply under 
this act. 

129. [S.6,A. 173, 1894.] -Disposition 

of funds of towns on the recis- 
sion of their charters. 

130. IS. 1, A. 103, 1880.]— Proscrip- 



tion of debts, etc. 

Sec. 86. [Apportionment of Current School Fund.] — The State 
Superintendent of Public Education shall quarterly, on the 
first Monday in March, June, September and December, in each 



REVENUE. . 39 

year, apportion the funds appropriated by the General Assembly 
for the support of the common schools of the State, among the 
several parishes of the State, according to the number of children 
between the ages of six and eighteen years in each parish ; pro- 
vided, however, that all the poll tax collected in any parish shall 
be appropriated to said parish. The amount so apportioned 
shall be paid by the State Treasurer to the school treasurer of 
each parish upon the warrant of the State Superintendent of 
Public Education. 

Sec. 87. [Police Jury and Municipal Tax.] — The police jurors 
of the several parishes, and the boards of trustees, aldermen, and 
• legal representatives of cities, towns and villages (except the 
parish of Orleans), may levy for the support of the common 
schools of their respective parishes, not less than one and a half 
mills of the ten mills tax on the dollar of the assessed valuation 
of the property thereof. This shall be provided for in their 
annual budgets. On the refusal or neglect to levy said tax or to 
vote for such levy, the parish school board shall have the right, 
and it shall be its duty, to compel by mandamus, which may be 
tried in chambers or in open court, the levy of said tax to be 
collected as in case of parish and corporation taxes, and shall be 
paid to the school treasury of the parish or town where collected, 
monthly, by the tax collector; provided, towns not exempted 
under their charters from the payment of parish taxes, and sub- 
jected to the burden of taxation as the parishes are, shall not pay 
this tax, for same is included in the taxes imposed by the parish 
in which the town is situated. 

Sec. 88. [Bonds and Fines.] — All fines imposed by the sov- 
■eral district courts for violation of law and the amount collected 
on all forfeited bonds in criminal cases, after deducting commis- 
sions, shall be paid over by the sheriff of the parish in which the 
same are imx)osed and collected, to the treasurers of the school 
boards in said parishes, and shall be applied to the support of 
the common schools, as are applied to other funds levied for the 
purpose (the parish of Orleans excepted.) 



40 REVENUE. 

Sec. 89,* [Special Tax ; How Levied.] — Whenever one-tenth 
of the property tax payers of any parish, city, incorporated town 
or mnnicipality in this State shall jietition the police jury, city,. 
town or municipal authorities to levy an increased rate of taxa- 
tion for the purpose of constructing public buildings, bridges 
without draws and works of public improvements in such parish, 
city, town or municipality, the said police jury, city, town or 
municipal authorities shall order a special election for that pur- 
pose, and shall submit to a vote of the proi)erty tax payers of 
such parish, city, town or municipality entitled to vote under the 
election laws of the State, the rate of taxation and the purpose 
for which it is intended : provided, that said election be held 
under the general election laws of the State at that time in force, 
and at the polling places at which the last preceding general 
election was held, and not sooner than twenty days after the 
official publication of the petition and ordinance ordering the 
election, which shall be made in the same manner provided by 
law for judicial advertisement. 

Sec. 90. [Publication.]— The publication of the result of 
said election shall be made by ten days advertisement imme- 
diately thereafter, and the police juries, city, town and municipal 
authorities shall have the same power to enforce the collection of 
any special tax that may be authorized by said election as by 
law provided for the collection of other taxes. 

Poll Tax. 

Sec, 91. [Poll Tax; Amount; Upon Whom Levied.]— In pur- 
suance to the requirements and authorization of Art. 208 of 
the Constitution of the State, a i)oll tax of one dollar per capita 
shall be and is hereby levied, annually, ujjon each male inhab- 
itant of the State over the age of twenty-one years, said tax to 
be due and payable on and after the first day in January in each 
year, 

'Section 89. The law authorizes the levy of m special tax for the erection of public build- 
ings and other improvements. 

A school house is a public building for the free public echojls, and it certainly is a public^ 
impiovenient. 



REVENUE. 41 

Sec. 92. [Operates as a Lien and Privilege.] — The said poU 
tax shall operate as a first privilege and lieu on all real and 
personal property, of whatever kind, which may be owned by, or 
to which the said tax payer may have any right, for the year he 
may owe the tax, and snch privilege shall continue to exist 
thereon into whatever hands such j)i*operty or right may pass 
and shall not be prescribed, and the collector of such tax shall 
have the right at any time after such tax shall be payable, and 
after the first day of January in each year, to seize any such 
property or rights, and to cause the same to be sold, after ten 
days' notice given, the same as in notices of sale under execution, 
to pay the said tax and the costs of seizure and sale, which costs 
shall not exceed five dollars in each case. 

Sec. 93. [Book to be Kept by the Collector.] — The collector 
of the poll tax shall keep a book in which he shall enter the tax 
as paid. He shall, in said book, give the name of the party pay- 
ing or for whom the tax is paid, the date of the payment, and by 
whom paid, and the amount paid, which entry shall be made 
when the payment is made, or within three days after the pay- 
ment, and all payments so made shall be entered in such book 
made previous to any day of settlement; and at each settle- 
ment the collector shall make affidavits to the above require- 
ments. 

Sec. 94. [Quarterly Settlements by the Collector.] — The col- 
lector of said poll tax shall make settlements for every three 
months, counting from the first day of January in each year, 
with the authority, authorized by law, to settle with him therefor 
in each parish. 

Sec. 95.* [How Collector's duietus is to be Obtained.]-— The 
collector of the j)oY\ tax, or his securities, shall not be released 
from their responsibility for the collection of such tax. or have a 
quieUis therefor until he shall satisfy the parish school board, or 
other school authority of the parish, created under and according 

* "To obtain his discharge, an officer aboiilcl obtain a clear receipt from the board of school 
directurs, in so far as he has incuired any. lesponsibility as an officer in which the said board is- 
concerned.— 33d Ann. 709 ; State ex rel. vs. Sheriff. 



42 REVENUE. 

to Article 225 of the Constitution, that the same cannot be col- 
lected, and such collector shall account for all moneys collected 
by him as poll tax for the year. A final settlement of such i)oll 
tax shall be made by the collector each year, on or before the 
thirty-first day of December. 

Sec. 96. [Collection of the Poll Tax.J — The assessors are 
hereby required to render to the school boards of their respective 
parishes, annually, by the first Saturday of October, a complete 
schedule list, by wards, of all persons liable to pay a poll tax in 
their resi)ective parishes. If any assessor fails to comi)ly with 
the requirement of this act, the failure shall be cause for removal ; 
besides, he shallbe subject to a fine of |250, for the benefit of 
the public schools in the parish in which the delinquent of&cer 
resides, and in which he is the assessor. In the city of New 
Orleans the board of assessors shall comply with the requirement 
of this act, and in the event of failure, shall be subject to dis- 
missal and penalty as before provided. 

Sec. 97. [Returns of Collections.] — The sheriffs and tax 
collectors in their respective parishes shall return, by the first 
Saturday of February, of each and every year, to the school 
boards of their respective parishes, a list predicated upon the list 
before mentioned by wards, showing all persons in the parishes 
respectively, who have paid their poll tax, as well as persons 
who have not paid the same, and shall return their reasons in 
writing- and under oath, the cause in each instance of the non- 
payment of a poll tax, and why they have not collected the tax 
not collected. 

Sec. 98. [Penalties.] — If the said sheriff or tax collector 
fails to show cause why the said poll tax has not been collected, 
he shall be responsible for and shall pay the poll taxes he has 
failed to collect, and shall be held liable with his securities on his 
official bond for the payment of said tax. 

Sec. 99. [Rule for Non-Compliance.] — The sheriff can be 
made to show cause why the said poll tax has not been collected, 



REVENUE. 43 

at chambers, before the district judge, after service of rule and 
three days have elapsed after service. 

Sec. 100. [Receipt for the Poll Tax.] — Before persons serv- 
ing as jurors or as witnesses in criminal cases shall receive the 
compensation to which they are entitled for their mileage and 
jper diem, they shall exhibit to the clerk of the court a receipt for 
the i)oll tax or taxes due by them. 

Sec. 101. [Deduction of Witnesses' and Jurors' Compensation, 
for Poll Tax,] — On their failure to produce such receipt the 
clerk of the court, or other officer, issuing certificates or warrants 
for their mileage and per diem, shall issue certificates or warrants 
for amount less the poll tax due, and shall issue the certificate 
or warrants for amount so reserved for poll tax, to the treasurer 
of the school board of the parish, who shall collect same. 

Sec. 102. [Report by the Clerk of Court.]— The clerk of 
€Ourt or other officer, issuing such certificates or warrants, shall 
report to the tax collector of the parish the names of all persons 
from whom he has reserved amounts for poll tax, and the tax 
collector shall give such person credit for such poll tax. 

Sec. 103. [Poll Tax Collections of Orleans.]— The collection 
of poll taxes in the parish of Orleans, together with all the pro- 
cesses, commissions and obligations incident thereto as now 
provided by law, are vested in the treasurer of the city of ]S"ew 
Orleans. 

SAI.E OF School Lands. 

Sec. 104. [Election.] — It shall be the duty of the parish 
treasurers of the several parishes in this State to have taken the 
sense of the inhabitants of the township, to which they may 
belong, any lands heretofore reserved and api)ropriated by Con- 
gress for the use of schools, whether or not the same shall be 
sold, and the proceeds invested as authorized by an act of Con- 
gress approved February 15, 1843. Polls shall be opened and 
held in each township, after advertisement, for thirty days at 
three of the most public places in the town, and at the courthouse 



44 



REVENUE. 



door, and the sense of the legal voters therein shall be taken 
within the nsual hours, and in the usual manner of holding- 
elections, which elections shall be held and votes received by a 
member of the parish school board or a justice of the peace ; and 
if a majority of the legal voters be in favor of selling the school 
lands therein, the same may be sold, but not otherwise. The 
result of all such elections shall be transmitted to the parish 
treasurer, and by him to the State Superintendent. 

Sec. 105. [Survey.]— Before making sale of the school lands^ 
belonging to the State, it shall be the duty of the parish treasurer^ 
or other persons whose duty it may become to superintend the 
sales, to cause a re- survey of such lines as from any cause may 
have become obliterated or uncertain ; and for this purpose he is 
authorized to employ the parish surveyor, or on his default, any 
competent surveyor ; and the lines thus surveyed shall be marked 
in such manner as to enable those interested to make a thorough 
examination before sale, and all advertisements made for the 
sale of such lands shall contain a full description thereof accord- 
ing to the original survey and that required by this section. 
The expenses of the survey shall be paid by the Auditor of Pub- 
lic Accounts out of the proceeds of the sale of the lands on the 
warrants of the parish treasurer. 

Sec. 106. [Sale on the Order of the Auditor.]— If the ma- 
jority of the votes taken in a township shall give their assent to 
the sale of the lands aforesaid, the parish treasurer shall forth- 
with notify the Auditor of Public Accounts of the vote thus 
taken, and upon his order, the said lands shall be sold by the 
parish treasurer, at public auction, before the courthouse door^ 
by the srheriff or an auctioneer to be employed by the treasurer 
at his expense, to the highest bidder, in quantities not less than 
40 acres, nor more than 160, after having been previously 
appraised by three sworn appraisers, selected by the parish 
treasurer and recorder of the parish, after thirty (30) days' adver- 
tisement, but in no case at a less sum than the appraised value^ 
payable on a credit of ten years, as follows : ten per cent in cash 



REVENUE. 45 

aud the balance in nine annual installments, the interest to be 
paid on the whole amount, annually, at the rate of eight per cent 
^er annum; the notes shall be made payable to the Auditor of 
Public Accounts, secured by special mortgage on the land sold, 
and personal security in so /i^o, until final payment of principal 
and interest ; in the event of the purchaser neglecting or refusing 
to pay any of these installments or interest at maturity, the 
mortgage shall be forthwith closed, and the parish treasurer is 
hereby authorized to advertise and sell the land as before pro- 
vided for, and further authorized and required to execute all acts 
of sale on behalf of the State for any such lands sold, to receive 
the cash payment and notes given for the purchase, which shall 
be made payable to the State Treasurer, and to place the same 
in the office of the Auditor of Public Accounts, for collection ; all 
cash received, either for i)rincii)al or interest, from said sales 
shall be transmitted by him to the State Treasurer, and any 
moneys thus received into the State treasury from sales aforesaid 
shall bear interest at the rate of six per cent per annnm, and be 
credited to the township to which the same belongs according to 
the provisions of the act of Congress. The parish treasurer shall 
forthwith notify the State Superintendent of the result of all sales 
made by him. The parish treasurer shall be authorized to 
receive the whole amount bid for the lands, deducting the eight 
per cent interest which the credits will bear. 

Sec. 107. [Sale of Unhabitable Lands.] — All sixteenth sec- 
tion lands located in a township not habitable by reason of the 
land being swamp or sea marsh, the school board of the parish 
in which such lands are located may present an application for 
sale of such sixteenth section land to the Auditor of Public 
Accounts, in which they shall set forth the location of the town- 
ship, its character and the reason upon which a sale is desired 
and upon receipt of such application duly signed by the president 
and secretary thereof, the Auditor may authorize the sale, if in 
his judgment a sale should be made. 

Seo. 108. [Sale Conducted in the Same Manner as Others.] — 
In case a sale is ordered as provided for in section one of this act, 



46 REVENUE. 

the parisli treasurer shall make sucli sale in tlie same manner^ 
aud upon the terms and conditions as is now provided by law 
for the sale of sixteenth section lauds ; provided this act shall 
not apply to sixteenth sections now leased to parties for a term 
of years. 

Sec. 109. [Sale of Sections Divided by Parish Lines.] — When 
the sixteenth section of any township is divided by a parish 
line, the treasurer of the x)arish in which a greater portion of 
the section may lie, shall proceed to take the sense of the people 
of the township, and to sell the same as provided by law, as if 
the whole section lay in his parish ; j)rovided, that the same shall 
be advertised at the courthouse of both parishes. 

Sec. 110. [Treasurer's Commission.] — Parish treasurers of 
the several parishes shall be entitled to retain out of the jDro- 
ceeds of the sale of sixteenth sections elfected by them a per- 
centage of 2^ on the amount of said sales, to be deducted from 
the cash payment, and the same shall be in full compensation 
of their services. 

Sec. 111. [Lease of School Lands. ]^Should a majority of 
the legal votes be against the sale of the lands, then it shall be 
the duty of the parish board of directors, where the same may 
be situated, to secure them from injury and waste, and prevent 
illegal possession or aggression of any kind, and in couj unction 
with the parish treasurer to lease the same, or any psiTt thereof, 
for a term not exceeding four years, according to the provisions 
of the second section of the act of Congress aforesaid, and to 
inform the Superintendent thereof. 

Sec. 112. [Proceeds of Lands Accruing to Townships.] — All 
moneys that have been or may be hereafter received into the State 
treasury, and the interest that has or may accrue thereon from 
the sale of any sixteenth section of school lands or the school 
land warrants belonging to the various townshi];)s in ttie State, 
shall be placed to the credit of the township, and should the 
people of any township desire to receive for the use of the schools 
therein, the annual interest payable by the State on funds depos- 



REVENUE. 47 

ited to their credit, or the anDual'proceeds of tlie loan, tlie parish, 
treasurer shall, on the petition of five legal voters in any snch 
township, order an election to be held in the township, as 
provided for the sale of township lands ; and if a majority of 
any number of vofces above seven be in favor of receiving 
annually the accruing interest as aforesaid, the same shall be 
paid to the treasurer of the parish for the use of the townships 
or districts ; otherwise the interest shall be an accumulated 
fund to their credit until so called for. 

Sec. 113. [Mode of Annulling Sales.]— In all cases of the 
sale of the school lands known as sixteenth sections, heretofore 
made, where the purchase money has not been paid, the pur- 
chaser or purchasers shall have the right to annul the sale 
upon application to the district court of the parish where the 
land is situated; provided, that the judgment of nullity shall be 
obtained at the cost of the applicant and contradictorily with 
the district attorney, in conjunction with the school directors 
of the district in which said land is situated, who shall be made 
a party defendant in such suit; provided, also, that it shall 
appear upon the hearing that the value of the land has not 
been imijaired by any ict of the purchaser ; and provided fur- 
ther, that nothing in this act shall be so construed as to entitle 
the said purchaser to repayment of any pirt of the purchase 
money already paid. 

Sec. 114. [Auditor's Duty in the Collection of Notes.] — It 
shall be the duty of the Auditor of Public Accounts, immediately 
on the passage of this act, to torward for collection to the treas- 
urer of the school board in their respective parishes throughout 
the State, all the notes given for the purchase price of sixteenth 
sections, or an 7 part thereof, known as tree school lands, when - 
ever any installment of said purchase price has become due or 
may become due, and it shall be the duty of said treasurer of 
parish school board to receive and receipt for same. 

■ Sec. 115. [Parish Treasurer's Duty in the Collection of Notes.] 
It shall be the duty of the treasurer of the parish school 



48 EEVENTTF. 

board, on receipt of the notes due and given for the said six- 
teenth sections, to immediately notify the principal and his 
sureties, in writing, of the amount of said note, principal and 
interest, due and unpaid ; provided, said lands for which said 
notes were given are still in possession of the original purchaser, 
and if in the possession of other parties, such possessor shall 
also be likewise notified of all the demauds, principal and 
interest, against said lands, and if all the demands against the 
same be not satisfied within thirty days from said notice, it shall 
be the duty of the treasurer of the parish school board to turn 
over said notes to the district attorney for said district, or other 
attorney selected by the school board, for 'suit: and, provided 
further, that said notice shall serve as a bar to prescription, 
which shall only begin to run from the service of said notice. 

Sec. 116. [Attorney's Duty in the Collection of Notes.] — It 
shall be the duty of the said attorney to proceed without delay, 
by all necessary legal processes, and without depositing clerk's 
or sheriff's costs, or giving security therefor, to collect all such 
notes as may be turned over to him by said treasurer of the 
parish school board, and given for sixteenth sections, known as 
free school lands, and if any of the conservatory writs should be 
found to be necessary in order to aid in said collection, it shall 
be lawful to issue the same, without giving bond as required in 
other cases. 

Sec. 117. [Attorney's Compensation.] — The said attorney shall 
receive ten per cent of all money collected by him on notes 
given for sixteenth sections, and after deducting said ten per 
cent he shall turn over the remainder to the treasurer of the 
school funds for the parish in which said lands are situated, 
and the same shall be transmitted through the Auditor of 
Accounts, by said treasurer, to the State Treasurer; and any 
moneys thus received into the State Treasury from said collec- 
tions shall bear interest at the rate of four per cent per annum, 
and be credited to the township to which the same belongs, 
according to the provisions of the Act of Oougress. 



REVENUE. 49 

Sec. 118. [Duty of the Auditor in Fixing Capital Due the 
Townships.] — It shall be the duty of the Auditor of Public Ac- 
counts, by the 1st day of January, 1887, to ascertain the amount 
of capital that may be due the several townships from the pro- 
ceeds of the sales of sixteenth sections, made since the 1st of 
January, 1880, and actually paid into the State Treasury. The 
amount thus ascertained shall be the capital upon which interest 
shall be thereafter allowed and paid out of the interest collected 
■on the said bonds to the townships, the sixteenth sections of 
which have been sold since the 1st of January, 1880, and the 
proceeds actually paid into the State Treasury, and the proceeds 
so paid invested as required by law. 

In calculating the interest due the several townships, no 
interest shall be allowed for fractions of the year during which 
the receipts shall have come into the treasury; but it shall com- 
mence at the beginning or the 1st of January of the next year. 

The interest due upon the capital ascertained as aforesaid, 
and the interest due upon subsequent sales, shall be paid to the 
townships in the manner now provided for by law. It shall be 
the duty of the Auditor to furnish the Treasurer and Superin- 
tendent of Public Education with a statement of the amount due 
each township. 

Sec. 119. [Trespass on Sixteenth Sections. 1 — Whoever shall 
cut down, or remove for sale for his own use, or the use of 
another, any timber on any free school land in this State, 
belonging to the State, known as sixteenth sections, shall be 
deemed guilty of a misdemeanor, and upon conviction shall be 
condemned to pay a fine of not less than fifty nor more than one 
thousand dollars, and in default of the same, be sentenced to 
imprisonment not less than ten days nor more than one year. 

Sec. 120. [Same.] — Whoever shall knowingly use, cultivate 
or inclose any free school land, known as the sixteenth section, 
without authority from the parish board of school directors, shall 
on conviction be condemned to pay a fine of not less than fifty 
nor more than one thousand dollars, and in default of the same 

4 



50 REVENUE. 

be sentenced to imprisonment for not less than ten days nor 
more than one year. 

Donations. 

Sec. 121. [Donations Authorized.] — Any one can make a 
donation of any description of property and to any amount to 
trustees for educational, charitable or literary purposes, or for 
the benefit of educational, charitable or literary institutions 
whether already existing, or thereafter to be founded. 

Sec. 122. [Conditions the Donor May Impose.]— The donor 
shall have the right to prescribe the number of trustees 5 the 
causes for which the trustees shall cease to be such ; the manner 
in which vacancies shall be filled and the manner and formalities- 
the trustees shall follQw in transacting business. 

Sec. 123. [Property Cannot be Made Inalienable.] — The donor 
shall have the right to prescribe the manner in which the 
property donated shall be administered, and the objects to which 
it or any part thereof, or the revenues thereof, shall be applied j 
provided, however, that property donated cannot be made 
inalienable ; but the donor thereof shall have the right to pre- 
scribe in what manner and under what circumstances the 
trustees shall be empowered to sell the same, or any portion 
thereof, or to change any investment once made. 

Sec. 124. [Trustees to Organize in a Body Corporate.] — The 
trustees named in the act of donation and their successors or 
substitutes, or such of them as are willing and may accept the 
trust, shall, upon complying with the laws of this State, relative 
to the organization of corporations for literary, scientific, relig- 
ious and charitable purposes, constitute a body corporate with 
the power of continuous succession and unlimited duration, and 
with all the powers conferred upon corporations by said law or 
by custom ; provided, however, that the requirement of said law,, 
as to the number of x>ersons necessary for the formation of a 
corporation, shall not apply to such trustees; and, provided 
further, that if any of the trustees will not or cannot accept the 



REVENUE. i)l 

trust, then sucli of those named as are willing, may accept, and, 
in the manner prescribed in the act of donation, i)roceed to fill 
the vacancies up to the required number. 

Sec. 125. [When Trustees Fail to Accept, the Governor May 
Appoint Others.] — Whenever there is an entire failure of the 
trustees to accept, the Governor of the State may name a number 
of persons equal to the number named by the donor, and who 
shall till the places of, and be vested with all the powers con- 
ferred upon the trustees by said donor. 

Sec. 126. [Duty of the Trustees.]— The board of trustees 
shall administer the property entrusted to them in conformity 
with the directions contained in the act of donation, and shall 
have all the powers needed in such administration; but can- 
not mortgage nor encumber the donated property, except 
as may be prescribed in the act of donation. And said trustees 
shall not be entitled to any remuneration for their services, 
unless expressly granted in the act of donation. 

Sec. 127. [Duty of Trustees Respecting Other Donations.] — 
Said board of trustees shall have the power to accept and admin- 
ister other donations mortis causa or inter vivos, from the same 
or other, and to apply the same as may be prescribed in the 
subsequent act of donations. The administration of such sub- 
sequent act of donations, to be governed by the directions con- 
tained in the subsequent act of donation. 

Sec. 128. [Fidel Commissae.] — The provisions contained in the 
Eevised Civil Code, or other laws of the State relative to substi- 
tionsjidei commissce or trust dispositions, shall not be deemed to 
apply to, or in any manner affect donations made for the purposes 
and in the manner provided by this act, and all laws or parts of 
laws conflicting with the provisions of this act, are repealed in 
so far as regards the purposes of this act, but not otherwise. 

Sec. 129. [Disposition of Funds of Towns on the Recission 
of Their Charters.] — If alter paying all the debts of said town 
(upon the dissolution and recission of tts charter) there shall 



52 SCHOOLS. 

remaia any balance of money, the same shall be turned over to 
ihe School Board of the parish to be used in the education of tlie 
-children of school age residing within the territory covered by 
said town. 

Sec. 130 [Prescription of Debts, Etc.]— The term of pre- 
scription of any and all debts^ due to any charitable institution 
in this State, and to any college fund, or any fund of any institu- 
tion of learning, or to any fund bequeathed for charitable pur- 
poses, for the purpose of distri oution to the poor or indigent, or for 
purposes of education, and of all debts contracted by borrowing 
the whole or part of any such funds, shall be thirty years ; pro- 
vided, the debt is evidenced by writing. 

YI. Schools. 



131. IS. 10, ^. 81, 1888.}— Graded and 

higli schools: authorization to 
be given by the State Boar J of 
Education ; assessment of one 
dollar to provide the common 
schools with fuel. 

132. IS. 14, A. 81, 1888.]— Branches 

to be taught. 

133. [,S^. 1, A. 40, 1888.]— Instruction 

in hygiene and temperance. 

134. [S. 2, A. 40, 1888.]— Text-books 

shall give due attention to the 
subject of alcoholic drinks and 



their effects upon the human 
system. 

135. [.s!l .4. 52, 1894.]— Combination 

with sectarian schools prohib- 
ited. 

136. iS. 2, A. 52, 1894.]— Penalty for 

violation of the above regula- 
tion. 

137. IS. 1, A. 93, 1892.]— Legal holi- 

days. 

138. [S. 1304, i?. S., 1869.]— Free pass- 

age over streams for chiidreri. 

139. IS. 6, A. 70, 1882.]— Limit of 

school attendance. 



Sec. 131. [Graded and Hig^h Schools.] — The parish school 
"board shall have the aiichority to establish ginded schools, and 
-to adopt such a system in that connection as may be necessary 
to assure their success ; central or high schools may be estab- 
lished when necessary.* The ordinances establishing such schools 
adopted by the parish school boards shall be submitted to the 
State Board of Education, and no high school shall be opened 
without its sanction, and no such school shall be established 

*Section13]. "Be it Resolved, That the State Board of Education calls the attention of 
the parish boards to the necessity of establishing high schools wherever the high' grade of 
students justiiies it, as the State Board of Education believe that the establishment of a number 
ofhigb schools in the state will contribute jiowerfuUy to build up both the public school' sys- 
tem and colleges and nni versifies." — Froceedings, State Board of Education, August 18, 1892, 



SCHOOLS. 5if. 

Unless the amount be donated for the site and suitable buildings 
are provided for without any expense out of the school fund ; 
provided, that the boards of directors of the parish of Orleans 
sjjall not require the sanction of the State Board for the pur- 
poses aforesaid. The school boards shall have the authority to 
aissess and collect one dollar per annum from each family, sur- 
viving parent or guardian, who actually sends a child or children 
to the common schools of the district, to be collected in such 
manner as said board shall determine, which amount shall be 
used in providing the school house with fuel and defraying the 
expenses necessary for the comfort of the school. 

Sec. 132. [Branches to be Taught.] — The branches of or- 
thography, reading, writing, arithmetic, geography, grammar, 
United States history and laws of health and physical education 
shall be taught in every district. In ad lition to those, such 
other branches as the State Board of Education and the parish 
school board may require; provided, that these elementary 
branches may be also taught in the French language in those 
parishes in the State or localities in said parishes where the 
French language predominates, it no additional expense is 
incurred. 

Sec. 133. [Hygiene and Temperance.] — In addition* to the 
branches, in which instrution is now given in the public schools, 
instruction shall also be given as to the nature of alcoiiolic 
drinks and narcotics, aud special instruction as to their effects 
upon the human system in connection with the several divisions 
of the subject of relative physiology and hygiene, aud sucb sub- 
jects shall be taught as regularly as other branches are taught 
in said schools. Such instruction shall be given orally from a 
text book in the hand of the teacher, to pupils who are not able 
to read, and shall be given by the use of text books in the hands 
of the pupils in the case of those who are able to read, and such 
instruction shall be given as aforesaid to all pupils in all public 
schools in the State, to all the grades until completed in the high 
schools. 



54 SCHOOLS. 

Sec. 134. [Text Books.} — The text books used for the instruc- 
tion required to be given by the preceding section freferring to 
the lain in regard to the teaching of Hygiene and Temperance,J 
shall give at least one-fourth of their space to the consideration 
of the nature and effects of alcoholic drinks and narcotics; and 
the books used in the highest grades of graded schools shall 
contain at least twenty pages of matter relating to this subject. 

Text books on physiology in use in the schools or at the time 
this act takes effect, which are not in accordance with the 
requirements of this section, except when previous contracts as 
to such text books now in force. 

Sec. 135. [Sectarian Schools.] — The Boards of School Di- 
rectors of the several parishes of this State are prohibited 
from entering into any contract, agreement, understanding, or 
combination, tacitly or expressly, directly or indirectly with any 
church, monastic or other religious order or association of any 
religious sect or denomination whatsoever, or with the repre- 
sentatives thereof, for the purpose of running or to defray the 
expenses for the rnnniug of any public school or schools of this 
State, together in connection or in combination with any iirivate 
or parochial school or other institution of learning which may be 
under .the control, authority, supervision, administration or 
management of any church, monastic, or other religious order or 
association of any religious sect or denomination whatsoever. 

Sec. 136. [Penalty.] — The violation of the provisions of 
this act by the Board of School Directors or any member thereof 
shall be cause for their removal. 

Sec. 137. [Days of Rest] — The following shall be considered 
as days of public rest and legal holidays and half holidays in 
this State, and no others, namely : Sundays, the first of January, 
the eighth of January, the twenty-second of February, Good 
Friday, the fourth of July, the first of November, the twenty- 
fifth of December, Thanksgiving Day as designated by the Presi- 
dent of the United States, and, in the parish of Orleans, Mardi- 
Gras and the twenty-fifth of November, to be known as "Labor 
Day." 



CITY SCHOOLS. 



55 



Sec. 138. [Free Passage Over Streams for Pupils.] — The free 
right of passage or conveyance, over all public ferries, bridges 
and roads (except the ferries of the Mississippi River) which are 
rented out by the State or parish, or over which the State or 
parish exercises any control, or for which license is paid or toll 
exacted, be and is hereby granted to all children on foot attend- 
ing free public schools, and no tolls or fees shall be demanded 
or exacted from said children by the keepers or attendants of 
said ferries, bridges or roads in their i)assage to and from schools 
between the hours of 7 o'clock A. m. and 9 o'clock A. m., and four 
o'clock P. M. a.nd six o'clock p. M. ; provided, that on Sundays 
afnd holidays no scholar shall have the right to cross such ferries 
bridges or roads on terms different from those of any ordinary 
passenger. 

Sec. 139. [Limit of Attendance in Charge of One Teacher.] — No 
school of less than ten pupils shall be opened or maintained in 
any locality; nor shall more than forty pupils be placed in 
charge of any one teacher. 

YII. City Schools. 



140. IS. 62, A. 81, 1888.]— Board of 

directors ; how appointed ; how, 
vacancies are filled. 

141. IS. 1, A. 158, 1894, amending and 

re-enacting Section 63 of Act 81 of 
1888.]— Board of school direct- 
ors : a body corporate ; quo- 
rum ; legal process served on 
the president or vice-president; 
attorney; organization. Secre- 
tary : must not be a member of 
the board ; duties and salary. 

142. [^.64,^.81, 1888.] -Additional 

powers of the board of direct- 
ors ; the adjustment of the sala- 
ries of teachers, porters and 
portresses ; limitation of anniial 
and monthly expenditures; 
rules for competitive examina- 
tions ; election of teachers from 



aniong candidates holding cer- 
tificates, and graduates of nor- 
mal schools ; regular monthly 
meetings; vacating seats of 
members of board for absence 
from two successive meetings 
and other causes; evening and 
night schools ; normal schools. 

143. IS. 65, A. 81, 1888.]— No com- 

pensation allowed to directors. 

144. [-S'. 2, A. 158, 1894.]— Sup erin- 

tendendeiit: his duties, pow- 
ers, salary, and term of office. 

145. \_S.1,A. 136,1894.]— School taxes 

collected prior to 1880 to be 
turned over to the Board of 
Liquidation. 

146. [S 2, A. 136, 1894.]— Duty of 

the board in certain cases. 



56 



til 



CITY SCHOOLS. 

YII. City Schools — Continued. 



IS. 3, A. 136, 1894.]— Duty of the 
Board of Liquidation. 

148. [,S. 67, J. 81, 1888.]— City treas- 

surer ; ex-officio school treas- 
urer; hond. 

149. IS. 68, A. 81, 1888.]— Treasurer's 

term of office; removal; elec- 
tion of a successor. 

150. IS. 69, A. 81, 1888.— Mayor, treas- 

urer, and comptroller of the 



city of New Orleans, cx-officio 
members of the board ; cannot 
vote. 

151. IS. 70, A. 81, 1888.]— Eeport of 

the board. 

152. IS. 71, A. 81, 1888.]— Budget of 

expenses: "what it shall include. 

153. IS. 72, A. 81. 1888.]— Provision* 

for affording proper evidence 
of claim. 



Sec. 140. [Orleans School Board.] — All the public schools of 
the parish of Orleans, and the property and appurtenances 
thereof, shall be under the direction and control of a board of 
directors. Said board shall consist of twenty members, eight 
pf whom shall be appointed by the Governor, by and with the 
consent and approval of the State board of education, aufl 
Jwelve members thereof shall be elected by the city council of 
li^Tew Orleans. The members of said board shall hold office 
-during four years after their appointment and election, except 
as hereinafter provided, and until their successors are appoiutedi 
or elected and qualified. On the first organization of said board 
by the members thereof, who shall be appointed and elected on 
the passage hereof, and in the manner aforesaid, the members- 
shall be divided into four classes, by such method as they may 
choose, each class to consist of three members, elected by the 
city council and two members appointed by the Governor, by 
and with the consent and approval of the State board ot educa- 
tion, whose terms shall expire respectively in one, two, three and 
four years, and whose successors shall be elected and appointed 
lor four years, and in the manner set forth above ; so that one- 
fourth of the membership of said board shall expire, and be 
(elected and appointed annually. Yacancies in membership shall 
be filled by the appointive or elective power, as herein provided. 

Sec. 141. [P-jwers and Duties of the Board.] — Said board of 
directors of the iniblic schools of the parish of Orleans, shall be a 



CITY SpJIOOLS. .^7 

body corporate in law, with power to sue and be sued. Eleven 
members shall constitute a quorum for the transaction of busi- 
ness. Legal process shall be served on the president; in his 
absence or inability to act, on the vice president. The city 
attorney shall act as attorney for the board. The board shall be 
organized within ten days after its appointment, with a president 
and vice president chosen from among its members, and a sec- 
retary, who shall not be a member of the board. In addition to 
the duties of his ofiQce, which may be fully prescribed by the 
board, he shall make a quarterly report to the State Superin- 
tendent of Education of the cost of maintaining the city schools, 
and shall keep the accounts of said board in such manner as to 
be in strict accordance with such budget as they may adopt, 
certifying to said board at each monthly meeting the expenses 
of said board for each current month. Said board shall have 
control of all buildiiigs, records, papers, furniture and property 
of any kind pertaining to the administration of the schools, and 
shall have management of all the public schools within the limits 
of the city of New Orleans. 

The salary of the secretary which shall be fixed by the board, 
shall be paid in the same manner as hereinafter provided for the 
payment of the superintendent. 

Sec. 142. [Authority of the Directors ; Duties.]— In addition 
to the powers and duties hereinbefore granted to and imposed 
upon parish boards, the powers and duties of said board of 
directors of the parish of Orleans shall be as follows : 

First — It shall adjust and tix equitably the salaries of teach- 
ers and porters or portresses employed in the schools, and of the 
secretary and employees and of such assistant superintendents as 
it may deem necessary for an efficient supervision of the schools. 
Second — It shall limit the annual expenses of maintaining 
the schools to the annual revenue, and the expense for any one 
month shall not exceed the one ninth part of the whole amount 
provided for the schools. 

Third — It shall prescribe rules for subjecting teachers, or 
candidates for teacherships, to a careful competitive examination 



58 CITY SCHOOLS. 

on all such branches as they are expected to teach, and no per- 
son shall be elected to a positioQ as teacher without a favorable 
report on his or her moral and mental qualiflcfitions by an 
organized committee of examiners appointed by the board. 
Teachers regularly examined and elected shall not be removed 
from the schools during the time for which employed, except on 
written charges of immorality, neglect of duty, incompetency or 
malfeasance, of which he or she have been found guilty by a 
majority of the members of the board at a regular monthly 
meeting. The said board may except from such examination 
any person who has passed a satisfactory examination, as re- 
quired by Act No. 23 of 1877, approved March twenty-sixth 
(26th), eighteen hundred and seventy-seven (1877), and who 
holds a certificate of qualification, and who has had two years 
or more experience as a teacher, so that the calling of a teacher 
shall be elevated to a profession, and that a system of life cer- 
tificates shall be issued to all such teachers in the city of 'New 
Orleans by the board of directors of city schools ; any person 
who is a graduate of a State normal school, or of any college or 
university duly authorized to confer degrees, certificates of quali- 
fications shall be given to all persons who successfully pass such 
examination. 

Fourth — It shall elect all teachers from among the candi- 
dates holding certificates in the order of their merit, as shown 
by such examination, including graduates of normal schools, as 
shown by the averages attained at their final examinations, or 
from among persons excepted from examinations as hereinbefore 
provided. 

Fifth — All certificates to teachers granted hereafter shall 
stand good for three years ; upon a second examination at the 
end of three years, certificates of a higher grade shall be given, 
to be good for five years, if the applicant is found competent to 
teach a higher grade school than the one for which the first cer- 
tificate issued. 

Sixth — It shall hold regular monthly meetings on a day 
fixed by it. 



CITY SCHOOLS. 59 

Seventh — It shall declare vacant the position of any of its 
members who shall have failed to perform the duties assigned to 
him, or have absented himself from two successive monthly 
meetings of the board without leave, or have been guilty of any 
breach of decorum, or of any other act inconsistent with the dig- 
nity of a school director; and it shall report each vacancy to 
the body by which the delinquent member shall have been pre- 
viously elected or appoi-nted; it shall be the duty of the board 
of directors of city schools elected and appointed under the pro- 
visions of this act to examine and scrutinize personally the 
accounts of their predecessors, in order to find out if their 
administration of the school funds, committed to their charge for 
disbursement, has been in accordance with law, so that in the 
future a proper administration of the city schools may be had. 

Eighth — It may establish, when practicable, evening or 
night schools for the instruction of such youths as are prevented 
by their daily vocations from receiving instructions during the 
day. 

Mnth — It may establish, when deemed advisable, one or 
more normal schools or departments for the protessional training 
and improvement of candidates for teach erships, including, in 
the course of instruction and training, lectures in the natural 
sciences, and on the method of teaching and disciplining chil- 
dren, and the practical exercises of non-teaching students in 
model classes organized for that purpose by the faculty of the 
institution. To graduates of these normal schools or depart- 
ments, and also to proficient students in other city schools of an 
academic grade, the board may, in its discretion, award dipio- 
mas; and the graduates of the normal schools or departments 
who shall have been examined and found proficient in all the 
branches required to be taught in the public grammar schools, 
may be deemed preferred candidates for vacant positions in the 
city public schools, and the diplomas awarded to such graduates 
shall be deemed equivalent to teaching certificates of the highest 
grade for common schools; provided, that the final examinations 



§0 CITY SCHOOLS. 

for graduation from said normal schools, and upon which diplo- 
mas may be awarded, shall be conducted in the same manner 
and include the same subjects as the public competitive examina- 
tions required by paragraph three (3) of this section. 

Sec. 143. [Services of the Directors Without Compensation.] — 
No school director of the city ot New Orleans shall receive com- 
pensation for his services as a sch^ool director. 

Sec. 144. [Superintendent— Duties, Authority, Salary.] — The 
said board is authorized to appoint for the constant sui3ervisiop 
and periodical examination of the public schools of the parish 
of Orleans, a competent and experienced educator to be desig- 
nated as superintendent. He shall aid the directors in organiz- 
ing the schools and in improving the methods of instruction 
therein, in examining candidates for teacherships, and in con- 
ducting periodical examinations of pupils for promotion through 
the respective grades of the schools, and in maintaining general 
uniformity and discipline in the management of all the schools. 
He shall make semi-annual reports on the condition and needs 
of the schools to the said board, and an annual report on or 
before the first of January to the State board of education, as 
hereinbefore required; and, whenever notified to be present, he 
shall attend meetings of the State board of education. 

The superintendent shall receive an annual salary of twenty- 
five hundred dollars, payable in equal monthly installments, 
payable on the roll of the board of directors of the city schools, 
in the same manner and at the same time that the employees 
and expenses of said board of directors are pa'd. He shall hold 
his office for the term of four years, subject to removal by the 
board for neglect of duty or malfeasance, of which, after an im- 
partial hearing by the board, he shall have been adjudged 
guilty. He shall be ex-ofiicio a member of said board, and 
entitled to participate in its deliberations and debates, and in 
the examination of candidates for teacherships, but he shall not 
cast a vote in the board. 



CITY SCHOOLS. 6^1 

Sec. 145. [Taxes Prior to 1880. J — All the school taxes col- 
lected by the city of l^ew Orleans prior to 1880 be turned over to 
the Board of Liquidation of the city debt of E^ew Orleains. 

Sec. 146. [Judgment Against the School Board.] — Whenever 
a judgment shall be rendered or has heretofore been rendered 
against the board of School Directors of the city of New Orleans, 
whether the same be absolute against the School Board, or pay- 
able out of the school taxes levied by the city of ISTew Orleans 
for any particular year or years, and the same shall have become 
final and executory, the plaintiff in the suit shall cause a copy of 
the petition, answer and judgment duly certified by the clerk to 
be final and executory be lodged in the hands of the secretary of 
the Board of Liquidation of the City Debt of New Orleans, whose 
■duty it shall be to record the same in a book kept for that pur- 
pose. 

Sec. 147. [Duty of the Board of Liquidation.] — It shall be the 
duty of the Board of Liquidation to distribute the share of the 
funds provided for in Section 8 of Act 110 of 1890, which shall 
accrue to the School Board of the city of New Orleans, as 
follows, viz : 

1. Out of the funds so accruing from the taxes for the years 
1892, 1893 and 1894, it shall first pay to said School Board, in 
5tddition to amounts heretofore paid the sum of one hundred and 
sixty thousand dollars (1160,000). 

?. On^ of the funds so accruing from the taxes of the year 

1895, it shall first \)ay to said School Boa-rd such an amount as 
will, with any amounts appropriated by the city of New Orleans 
for school purposes reach a total of two hundred and ninety-seven 
thousand five hundred dollars (1297,500). 

3. Out of the funds so accruing from the taxes of the year 

1896, and of each year thereafter, it shall first pay to said School 
Board for each year such an amount as will with any amounts 
appropriated by the city of New Orleans for school purposes 
reach a total of three hundred and thirty-seven thousand five 
hundred dollars ($337,500). 



62 CITY SCHOOLS. 

4. It shall, after making the payments aforesaid, distribute 
any amounts remaining in its hands and accruing to said School 
Board, among the holders of judgments so recorded with it, in 
the order of their registry until the same shall have been paid 
in full. 

6. It shall pny over to said School Board any amounts 
accruing to it out of said funds after paying judgments in full. 

Sec. 148. [City Treasurer, Ex-Officio School Treasurer.] — The 
treasurer of New Orleans shall ex-ofBcio be the treasurer of said 
board and shall receive all funds apportioned by the State to 
such city, or received or collected for the support of the free 
public schools from any and all sources. He shall give bond, 
with good and solvent security, iu the sum of ten thousand dol- 
lars ($10,000) in favor of the president of said board and his 
successors in office, to be accepted and approved by said board 
and recorded in the mortgage office of the parish, and which 
bond shall then be filed and kept on record in the office of the 
said board. The filing of said bond, and taking and filing the 
usual oath of office before any officer authorized to administer 
the same, shall qualify the treasurer to act. 

Sec. 149. • [Term of Office, Removal, Election of a Successor.] — 
Said treasurer shall hold his office for four years, or during his 
term of office as city treasurer, unless sooner removed after due 
trial and hearing by the said board, for neglect of duty or mal- 
feasance in office; and in case of removal by the board, it shall 
elect a treasurer who shall not be a member. He shall receive 
the sum of six hundred dollars per annum for the trouble and 
expenses which may be incurred by him in the discharge of the 
duties imposed under this act, jDayable monthly on his own war- 
rant, as hereinbefore provided for the payment of the superin- 
tendent's salary. He shall keep his office open at all such times 
as may be prescribed by said board, for the payment of pay-rolls 
or checks in favor of teachers and other employees of the board. 

Sec. 150. [Ex-Officio Members of the City Board.]— The 
mayor, treasurer and comptroller of the city of New Orleans 



CITY SCHOOLS. 63 

shall be ex-officio member of the said board and entitled to 
take part in all the debates and deliberations in said board on 
the ways and means for maintaining the public schools of said 
13arish, but they shall not have the right to vute. 

Sec. 151. [Report of the Board.] — In addition to the duties 
imposed upon boards of school directors, it shall be the duty of 
said board for the parish of Orleans to present to the Common 
Council of the city of I^ew Orleans, on the first day of December 
of each year, a full report of the condition of the city schools, 
showing the number of teachers and other employees and their 
salaries ; the number and location of school houses, with the con- 
dition thereof, and the estimated cost of keeping all appurtenant 
grounds in good repair during the ensuing year ; also a detailed 
exhibit of all receipts and expenditures of the board for the 
schools during the previous twelve months 5 said report shall be 
accompanied with a statement certified by the officers of the 
board of the average daily attendance of pupils during the annual 
session, and the average expense per capita of their instruction. 

Sec. 152. [Budget of Expenses.] — It shall be the duty of the 
Common Council of the city of New Orleans, in making up their 
budget of annual expenses, to include therein the amount neces- 
sary to meet the expenses of the schools, as shown by the state- 
ment of the actual attendance, and cost of instruction required 
by the preceding section, with such additional allowance for 
probable increased attendance and contingent expenses as may 
seem just and reasonable to the City Council, and to keep in good 
repair all school houses and school grounds belonging to the city; 
provided, that the sum appropriated with the probable receipts 
from the State school fund and poll tax shall not exceed the 
aggregate amount required for the maintenance of the schools 
during the year, and for the keeping in good repair all school 
houses and grounds belonging to the city, as shown by the state- 
ment of the school board; and, provided further, that the amount 
to be appropriated by said city shall not be less than the sum of 
$250,000; of said amount so to be appropriated by said City 



64 



STATiE SCHOOLS. 



Oouncil, not less than $175,000 shall be provided for the annual 
city budget of expenditure*, and the balance out of the reserve 
fund of twenty per cent, constituted by Section 66 of Act Ko. 20, 
approved June 23d, 1882, and by Act No. 109, of 1886, and said 
balance is hereby constituted a flrst lien and claim against said 
reserve fund, and shall be paid out of the first collection made 
on account of the same and by preference over all claims what- 
soever ; provided further, that out of the amount so appropriated 
by said city, said board of directors shall, in the year eighteen 
hundred and eighty-nine (1889), and annually for five years there- 
after, appropriate a sum sufficient to extinguish at least one-sixth 
of the unpaid claims against said board for the y^ars 1880, 1881, 
1882 and 1884, so that said claims shall be entirely paid by the 
beginning of the year 1895. The board of directors for the parsh 
of Orleans are hereby authorized to enforce the provisions of 
this section by the application to a court of competent jurisdic- 
tion, by a writ of mandamus or other effective remedy.* 

Sec. 153. [Provisions for Affording Proper Evidences of Claims.] 
For the purpose of affording proper evidence of said claims 
aforesaid (and for no other purposes whatsoever), said board 
shall issue certificates of indebtedness to an amount equal to the 
total amount of said claims and maturing in six equal install- 
ments on the first day of January, 1890, 1891, J 892, 1893, 1894 
and 1895. 

YIII. State Schools. 



STATE NORMAL SCHOOL. 

Jet 73 of 1892. 
154. (1) Object; to whom open 

(2) Board of administrators; 
terms of office ; successors. 

(3) Powers of the board; ap- 
point teachers ; manage school 
finances ; a body corporate ; 
domicile. 



155. 



156. 



157. (4) Meetings of the board; com- 

pensation . 

158. (5) Facultjr ; their duties. 

159. (6) Departments and classes. 

160. (7) Qualifications for admission. 

161. (o) Tuition free, excej)t in cer- 

tain instances. 

162. (9) Diplomas equivalent to first 

grade teachers' certificates. 



*Tlie provisos of this section are declared unoonstitutional by the Supreme Court. See 
abstract, " Taxatio7i," from the 42d Annual in tlie Appendix of thi.s book, caae oi State ex rcl 
School Soard vs. City of New Orlems. 



STATE SCHOOLS. 



65 



VIII. State Schools — Continued. 



DUSTRIAL SCHOOL AT RUSTON. 

1^ Act iM of 18M. 

163. (1) Object, location, proviso. 

164. (2) Trustees : how appointed ; 

vacancies, quorum. 

165. (3) Trustees, a body corporate. 

166. (4) Meetings. 

167. (5) Branches to be taught. 
16S. (6) Faculty. 

169. (7) State ownership of school 

property. 

STATE UNIVERSITY. 

Act 14:) of 1877. 

170. (1) Union of the State Univer- 

sity and Agricultural and Me- 
chanical College. 
Ifl. (2) Rights and privileges grant- 
ed the two institutions, re- 
spectively, still in force. 

172. (3) Object of the institution in 

literature, sciences, and arts. 

173. (4) General education. 

174. (5) Board of supervisors; seal; 

powers. • 

17.5. (6) Composition of the board ; 
vacancies ; how tilled. 

176. (7) Members of the board gradu- 

ated by class for certain terms. 

177. (8) Vice president; quorum. 

178. (9) Regular and special meetings 

of the board. 

179. (10) Officers of the board. 

180. (11) President and faculty; sal- 

aries, duties and privileges. 

181. (12) Branches to be taught. 

182. (13) Affiliationof the university 

with other incorporated insti- 
tutions. 

183. (14) Course of study. 

184. (15) Board to be charged with 

tj^e pitrfthase of necessary 
grounds. ^ffl .^iwjCE -j.iUrli 

185. (16) Power of the board to lease 

5 



the University's grounds in 
Rapides and Saint Bernard. 

186. (17) Interest and income to be 

derived from the sale aud lease 
of certain lands and properly. 

187. (18) Institution enjoined to 

teach agricultural and mechan- 
ical arts. 

188. (20) The board to report to the 

Legislature. 

189. (21) Powers and duties of the 

X>resideut of the University. 

190. (22) Further powers of the pres- 

ident of the faculty. 

191. (23) Grant, gift, devise, and be- 

quest of property. 

192. (24) Board to accept donations 

of property, etc. 

193. (25) Authority of the board to 

invest funds. 

194. (26) Construction to be pla.ced 

upou donations. 

Act 67 of 1860. 

195. Military science to be taught. 

196. Governor to issue commissions 

to the faculty. 

197. Expenses of the board of supev- 

VLSors. 

Act 140 of 1880. 

198. (1) Chairs in nautical instruc- 

tion to be established. 

199. (2) Governor requested to apply 

to the Secretary of the Navy 
for training ships, etc. 
Act 100 of 1886. 

200. (1) Beneficiary cadets — one al- 

lowed each parish and seven- 
teen to the city of New Orleans. 

201. (2) By whom and Low appoint- 

ed, 

202. (4) Authority of the police ju- 

ries and city council of New 
Orleans to a]3propriate funds 



STATE SCHOOLS. 



VIII. State Schools — Continued. 



for the maintenance of bene- 
ficiary cadets. 

203. (5) Conditions Imposed upon 

beneficiaries. 

INSTITUTION FOR THE BLIND. 

Act 92 of IBn. 

204. (1) Establishment. 

205. (■?') Applicants, on what terms 

admitted. 

206. (3) Organization; terms of in- 

struction. 

207. (4) General control. 
20^. (5) First meeting. 

209. (6) Residence, salary, and du- 

ties of principal. 

210. (7) Duties of vice-president. 

211. (8) Bond, duties, and salary of 

the treasurer. 

212. (9) By-laws and. regulations. 

213. (10) Industrial Home for the 

Blind. 

214. (11) Expensesof the board; how 

paid. 

215. (12) Admission regardless of 

race. 

INSTITUTION FOR THE DEAF AND 
DUMB. 

^c« 88 0/1871. 

216. (1) For the exclusiye use of the 

deaf and diimb. 



217. (2) Admission of pupils. 

218. (3) Literary and mechanical 

education. 

219. (4) Control, in whom vested. 

220. (5^ Officers. 

221. (6) Duties of the superintendent. 

222. (7) Duties of the treasurer. 

223. (8) Rules and regulations ; quo- 

rum. 

224. (10) Expenses of members of th& 

board. 

SOUTHERN UNIVERSITY. 

(For Persons of Color.) 

225. IS. 1, A. 87, 1880.]— Establish- 

ment 

226. IS. 1, A. 65, 1882.]— Board of 

trustees. 

227. [S- 3, ^' 87, 1880.]— Quorum. 

228. [S. 4, A. 87, 1880.]— Officers of 

the board ; how elected ; offi- 
cers. 

229. IS. 5, A. 87, 1880.]— Rules and 

regulations ; faculty. 

230. [5. 6, A. 87, 1880.]— Powers of 

the board of trustees, 

231. [S. 1, A. 90, 1882.]— Faculty, 

degrees, departments, and 
courses. 



State Normal School. 

Sec. 154. [Object— To Whom Open.]— The State Normal 
School, located at Natchitoches, in the parish of Natchitoches, 
in conformity with sections 4 and 8 of Act No. 51 of 1884, shall 
have far its object to train teachers for the public schools of 
Louisiana, and shall be open to white persons of either sex of 
age and qualifications as may be hereinafter prescribed. 

Sec. 155. Board of Administrators — Terms of Office, Their Suc- 
cessors.— The board of administrators of said State Normal School 



STATE SCHOOLS. 67 

shall consist of six competent white citizens, to be selected and 
appointed by the Governor of the State, one from the town of 
Natchitoches and from each of the first five circuits of the court of 
appeals. The Governor shall shall be, ex-ofl&cio, president of the 
board. The first board appointed under this act shall, at its 
first meeting, be divided by lot into three classes of two members 
each, the first class to hold office for two years, the second for 
four years, and the third for six years, from and after the first 
day of July, 1892. Their successors shall be appointed for the 
full term of six years. Vacancies caused by death or resigna- 
tion shall be filled for the unexpired term by appointment of the 
Governor. 

Sec. 156. [Powers of the Board of Administrators.] — The board 
of administrators shall elect all teachers employed in said State! 
Normal School, determine their compensation, and manage the 
financial and other interests of the school. Said board shall be 
a body corporate with all the rights and powers of such bodies, 
and shall have its domicile at the town of Natchitoches, in the 
parish of Natchitoches. 

Sec. 157. [Meetings of the Board; Compensation.] — Said board 
of administrators shall hold one regular meeting each year at the 
close of the annual session of the school. Special meetings may 
be called in such manner and held at such times as the board of 
administrators may determine. The members of said board of 
administrators shall receive no compensation for their services, 
except their actual traveling expenses and the per diem of mem- 
bers of the General Assembly while attending the sessions of 
the Board. 

Sec. 158. [The Faculty— Their Duties.]— The faculty shall 
consist of a president, who shall be ex-officio a member of the 
board of administrators, and such additional instructors as the 
interests of the school may require. In addition to the regular 
work of the school, the faculty may be called upon to assist in 
the State Teachers' Institutes at such times and places as may 
be determined by the State Superintendent of Public Education 
and the President of the State Normal School. 



68 STATE SCHOOLS. 

Sw\ 150. [Departments and Classes.] — The State Normal 
School shall contain two departments, the Normal Department 
and the Practice School. Tlie Course of Study of the Normal 
Department may extend over a period of four years, and shall 
embrace thorough instruction and training in the history and 
science of education, the theory and practice of teaching, the 
organization and government of schools and such other branches 
of knowledge as may be deemed necessary to fit the students for 
the varied work of a complete system of public schools. The 
Practice School shall consist of such grades or classes, with such 
course of study, as the Board of Administrators may deem useful 
in giving the Normal students the necessary practice in the art 
of teaching. 

Sec. 160. [ftualifications for Admission.] — Applicants for 
admission to the Normal Department must be at least fifteen 
years of age if female, and sixteen years of age if male; must 
give satisfactory evidence of good moral character and of requisite 
proficiency in the ordinary branches of a good common school 
education; and must declare in writing their full intention of 
<}ontinuing in the school until graduation, unless sooner dis- 
charged, and of teaching in the i^ublic schools of Louisiana for 
at least one year after graduation. 

Sec. 161. [Tuition Free, Except in Some Instances.] — Tuition 
shall be free to all students of the Normal Department who ful- 
fill all the reqairements imposed by Section 160 of this Act, and 
to the pupils of the primary grades of the Practice School. All 
other students shall be charged such fees for tuition as may be 
prescribed by the board of administrators. 

Sec. 162. [Diplomas.] — The board of administrators of the 
State Normal School is hereby empowered to confer diplomas 
upon all graduates of said school. This diploma shall entitle its 
holder to a first grade teacher's certificate, valid in any town or 
parish of the State for four years from the date of graduation^ 
at the expiration of which time it may be renewed, for the same 
period, by the State Board of Education, upon satisfactory evi- 



STATE SCHOOLS. 69 

dence of the ability, progress and moral character of the teacher 
making application for such renewal. Furthermore, the diploma 
of the State Normal School shall entitle its holder to such degree 
of preference in the selection of teachers for the public schools 
of the State as may be deemed wise and expedient by the State 
Board of Education. 

Industrial Institute and Colleqe. 

Sec. 163. [Industrial College — Object, Locs,tion, Privilege.] — An 
Industrial Institute and College is hereby established for the 
education of the white children of the State of Louisiana in the 
arts and sciences. Said Institute shall be known as " The In- 
dustrial Institute and College of Louisiana," aud shall be located 
at Huston, Lincoln parish, La., provided said town and parish 
shall donate ten thousand dollars ($10,000) to said Institute, and 
the same shall be organized as hereinafter provided. 

Sec. 164. [Trustees — How Appointed; Vacancies, ftuorum.] — 
The Governor of the State shall nominate and appoint, by and 
with the advice and consent of the Senate, one person from each 
Congressional District of this State and two from the State at 
large, to be trustees and to serve as such for four years. Im- 
mediately after they shall be assembled, in consequence of 
their first appointment, they shall be divided by lot into two 
equal classes, so that the term of three of those appointed from 
the Congressional Districts and one appointed from the State at 
large, shall expire in two years and the term of the other half 
shall expire in four years from the date of their appointment, so 
that one-half may be chosen every two years. Vacancies shall 
be filled as in case of oth/r offices in this State. The Governor 
shall be ex-officio a member of said board of trustees and shall, 
when present, act as president of the board, but the board shall 
elect one of their number as vice-president. Five of the trustees 
shall constitute a quorum for the transaction of business. 

Sec. 165. [Trustees, a Body Corporate.] — The board of trus- 
tees of said institute and college, be and the same are hereby 



70 STATE SCHOOLS. 

declared a body politic and corporate, shall be domiciled at 
RustoD, La., shall have a seal, shall sue and be sued, contract 
and be contracted with, may hold, purchase, sell and convey 
property, whether movable or immovable, which may be neces- 
sary or beneficial in carrying out the purposes of this act. Said 
board of trustees may provide under proper regulations and 
rules for conferring- degrees and awarding diplomas and grant- 
ing certificates, as rewards and honors for learning and skill, to 
the pupils of said institute. 

Sec. 166. [Meetings of the Trustees. — Said board of trus- 
tees shall fix the time or times for regular meetings and may be 
convened at any time the Governor as ex-officio president may 
deem it expedient to do so, in order to transact business con- 
nected with said institute and college. The president of the fac- 
ulty and teachers shall be secretary of the board of trustees, and 
he shall keep in a well bound book, a record of all the proceed- 
ings had by said board, and his compensation for this service 
shall be fixed by the board; provided, that said board may elect 
a suitable person as secretary pro tem to act until the institute 
be put in operation. 

Sec. 167. [Branches to be Taught] — The said board of trus- 
tees shall possess all the power necessary and proper for the 
accomplishment of the trust reposed in them, viz : The estab- 
lishment of a first-class Industrial Institute and College for the 
education of the white children of Louisiana in the arts and 
sciences, at wnich such children may acquire a thorough acade- 
mic and literary education, together with a knowledge of kinder- 
garten instruction, of telegraphy, stenography and photography, 
of drawing, painting, designing and engraving in their indus- 
trial application; also a knowledge of fancy, practical and 
general needle work ; also a knowledge of book-keeping and 
agricultural and mechanical arts, together with such other prac- 
tical industries as from time to time may be suggested to them 
by experience, or such as will tend to promote the general object 
of said institute and college to-wit: Fitting and preparing such 
children, male and female, for the practical industries of the age. 



STATE SCHOOLS. 71 

Sec. 168. [Faculty.] — The board of trustees shall select and 
appoint a president and the professors of said Institute and Col- 
lege, and such other officers as they may deem necessary to put 
and maintain the same in successful operation, and shall make 
such rules and regulations for the government of said officers 
as they may deem advisable ; they shall prescribe such a course 
of discipline as may be necessary to enforce the faithful dis- 
charge of the duties of all officers, professors and students. 
They shall prescribe the course or courses of instruction so as 
to secure a thorough education and the best possible instruc- 
tion in all of said industrial studies, and they shall adopt all 
such by-laws and regulations as they may deem necessary to 
carry out all the purposes and objects of said institution. 

Sec. 169. [State Ownership of College Property.] — All the 
property acquired in any way by said board of trustees shall 
really be the Droperty of and belonging to the State or Louisiana, 
but shall be held, controlled and managed by said board of trus- 
tees for the benefit of the said Industrial Institute and College. 

The LouisiAifA State University and AaRiouLTURAL and 
Mechanical College. 

■ Sec. 170. [Union of the State University and the Agricultural 
and Mechanical College.]— The Louisiana State University, as 
now established and located at Alexandria, in the parish of 
Eapides, and the Louisiaoa State Agricultural and Mechanical 
College, as now established and Ipcated in the parish of St. Ber- 
nard, be and they are hereby united and constituted into one and 
the same institution of learning, which shall hereafter be known 
and designated under the name and title of the Louisiana State 
University and Agricultural and Mechanical College, and said 
institution of learning, the Louisiana State University and Agri- 
cultural and Mechanical College, as hereby created, shall be 
established temporarily at Baton Rouge, in the parish of East 
Baton Rouge. 

Sec. 171. [Rights and Privileges Granted the Two Institu- 
tions Respectively, Still in Force.] — All legal rights and privi- 



72 STATE SCHOOLS. 

leges, as granted by the Congress of the United States and the 
Legislature of Louisiana, and all the legal obligations and 
requirements, as imposed by congressional and legislative enact- 
ments, and binding upon the two institutions of learning respect- 
ively, which have been in the preceding section uuited and 
constituted into one and the same institution of learning, shall 
be of full force and eft'ect with and upon the Louisiana State 
University and Agricultural and Mechanical College, as herein- 
before constituted and established; excepting such legal rights,, 
privileges, obligations, and requirements as may be specifically 
repealed by the provisions of this act. 

Sec. 172. [Object of the Institution.] — The Louisiana State 
University and Agricultural and Mechanical College, as herein- 
before created, shall have for its object to become an institution 
of learning, in the broadest and highest sense, where literature, 
science and all the arts may be taught ; where the principles of 
truth and honor may be established, and a noble sense of personal 
and patriotic and religious duty inculcated ; in fine, to fit the 
citizen to perform justly, skillfully, and magnanimously all the 
offices, both private and public, of peace and war. 

Sec. 173. [General Instruction.] — The Louisiana State Uni- 
versity and Agricultural and Mechanical College, as herein- 
before created, shall provide general instruction and education 
in all the departments of literature, science, art, and industrial 
and professional pursuits ; and it shall provide special instruc- 
tion for the purpose of agriculture, the mechanic arts, mining,^ 
military science and art, civil engineering, law, medicine, com- 
merce and cavigation. 

Sec. 174. [Board of Supervisors.] — The Louisiana State Uni- 
versity and Agricultural and Mechanical College, as herein- 
before created, constituted and established, shall be under the 
direction and control of fifteen supervisors, who shall be a body 
corporate, under the style and title of the board of supervisors 
of the Louisana State LTniversity and Agricultural and Mechan- 
ical College, with the right, as such, to use a common seal, and 



STATE SCHOOLS. 73 

who shall be capable in law to receive all donations, subscrip- 
tions, and bequests, in trust for said TJuiversity and Agricultural 
and Mechanical College, and to recover all debts which may 
become the property of said University and Agricultural and 
Mechanical College, and to sue and be sued in courts of justice^ 
and in general to do all acts for the benefit of the Louisiana 
State University and Agricultural and Mechanical College, 
which are incident to bodies corporate. 

Sec. 175. [Composition of the Board.] — The Governor of the 
the State shall be ex ofl&cio president of the board of supervisors, 
and the State Superintendent ot Public Education and the presi- 
dent of the faculty of the university shall be members ex-officio 
of said board, and the twelve remaining members shall be 
appointed by the Governor by and with the advice and consent 
of the Senate; provided, that three of the said twelve remaining 
members shall have been students of the Louisiana State Univer- 
sity, as it existed prior to the passage of this act, and have taken 
degrees a*;d be titled graduates of said institution ; and provided 
further, that only one member shall be appointed from any one 
parish, except the parish of Orleans, from which two members 
shall be appointed ; and also further provided, that one of the 
twelve members to be appointed by the Governor shall reside in 
the parish of East Baton Rouge, in which, as hereinbefore pro- 
vided, the Louisiana State University and Agricultural and 
Mechanical College has been, temporarily, established and 
located. And whenever a vacancy occurs in the board of super- 
visors, for any cause, the same shall be filled for the unexpired 
term in the same manner. 

Sec. 176. [How the Supervisors are Appointed.] — Three of 
the twelve members of the board of supervisors to be appointed 
by the Governor in accordance with the provisions of the fore- 
going section ot this act, shall be commissioned and hold their 
offices for one year, three for two years, three for three years, and 
three for four years. Their successors snail be appointed in 
lite manner, and shall hold their offices for the full term of four 



74 STATE SCHOOLS. 

years, from the first day of January next succeeding their 
appointments, and until their successors are appointed and 
qualified. 

Sec. 177. [Vice-President of the Board ; Quorum.] — The mem- 
ber of the board of supervisors appointed for the parish of 
East Baton Rouge, in which, as hereinbefore provided, the Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege has been temporarily established and located, shall be ex- 
officio the vice-president of the board, to preside over the meetings 
of the board in the absence of the Governor. Five members of 
the board of supervisors, including the president or vice-president 
shall constitute a quorum for the transaction of business ; pro" 
vided, that all of the acts of the said such five members, at such 
meeting, shall be submitted for ratification or rejection at the 
next meeting of the board of supervisors, when a majority of all 
the fourteen members of the board may be present. 

Sec. 178. [Meetings of the Board— When Held.]— There 
shall be four regular stated meetings of the board of supervisors, 
at the university, in each and every year ;• one the first Monday 
in April, another on the Monday before the close of the annual 
session of the university, which shall be July 4; another on 
Monday before the opening of the annual session of the univer- 
sity, which shall be October 5 ; and another on the first Monday 
in December ; special meetings of the board of supervisors shall 
be called in such manner and held at such other times and places 
as the Governor of the State or the board of supervisors may 
determine. 

Sec. 179. [Officers of the Board.] — The board of supervisors 
shall, at their first meeting, elect a secretary, who shall record, 
attest and preserve their proceedings ; and a treasurer, who 
shall give bond for the faithful performance of his duties, and in 
such sum as shall be determined by the board ; provided, that 
the treasurer shall not be a member of the board of supervisors, 
nor a professor or other ofiicer, or other employe of the univer- 
sity; and provided further, that the treasurer shall never be 



STATE SCHOOLS. 75 

interested, directly or indirectly, in any contract for furnishing 
supplies or articles of any kind to the university, or have any 
business transactions with, or on account of the university that 
tend, directly or indirectly, to his own personal profits; nor 
shall any money ever be paid to the treasurer in his personal 
capacity, or on account of the university, except what may be 
his salary or compensation as treasurer. 

Sec. 180. [Faculty— Salary, Duties and Privileges.]— The 
board of supervisors shall have the power to engage a president 
and other professors, and all other ofl&cers necessary for conduct- 
ing the literary, scientific, military, and technical departments, 
and all the financial and civil concerns and interest of the univer- 
sity, and to remove and displace the same at pleasure ; to fix and 
regulate the salaries of the professors and all other offices, and 
to determine all other changes, excepting that there shall be no 
fee for tuition or for the use of the library, apparatus, labora- 
tory, cabinets, museum, workshop, experimental farm, or other 
educational appliances charged to any student or cadet; to 
establish rules for the good government and discipline of the 
students or cadets ; to prescribe the duties of all officers, em- 
ployes, servants and others ; to confer diplomas upon the recom- 
mendation of the president and faculty, on students for pro- 
ficiency in any branch of literature or science, or department 
of learning, and, in general, to make all rules and regulations 
which may be deemed necessary for the proper government of 
the university and for promoting the objects for which it has 
been founded. But nothing in this act shall be construed as 
obligating the State to pay any debt contracted by the board of 
supervisors in case it should, at any time, exceed the appropria- 
tion made for the institution ; nor shall any of the property of 
the university ever be seized and sold to pay any debt of the 
institution, by virtue of any decree of court. The title to all 
property owned and held by the Louisiana State University and 
Agricultural and Mechanical College is hereby declared to vest 
in the State of Louisiana. 



76 STATE SCHOOLS. 

Sec. 181. [Branches to be Taught.] — There shall be main- 
tained in the Louisiana State University and Agricultural and 
Mechanical College, as hereinbefore constituted and established: 

First — Schools of literature, including the languages of the 
principal nations of ancient and modern times, philosophy, logie^ 
rhetoric and elocution, history, ethics, metaphysics and such 
other and special branches of learning as the board of super- 
visors may determine. 

Second— Schools of science, including mathematics, astrona- 
my, engineering, architecture, drawing, jihysics, chemistry^ 
botany, zoology, agriculture, mechanics, mining, navigation and 
commerce, and such other special branches of learning as the 
board of supervisors may determine. 

Third — Schools of the useful and fine arts, and of military 
science and art. 

Fourth — Schools of medicine and law. 

Fifth — Such other schools as the board of supervisors may 
establish. 

Sec. 182. [Affiliation With Any Incorporated Institution.] — 
The board of supervisors may afiiliate with the Louisiana State 
University and Agricultural and Mechanical College any incor- 
porated university or college, or school of medicine, law or other 
special course of instruction, upon such terms as may be deemed 
expedientj and such university, college or school may retain the 
control of its own property, have its own board of trustees, facul- 
ties and president respectively; and the students of such 
universities, colleges or schools recommended by th"e respective 
faculties thereof, may receive from the Louisiana State Univer- 
sity and Agricultural and Mechanical College, the degrees of 
those universities, colleges or schools, and the said students of 
learning or special schools, thus graduated, shall rank as gradu- 
ates of the Louisiana State University and Agricultural and 
Mechanical College. 

Sec. 183. [Course of Study.]— It shall be the duty of the 
board of supervisors, immediately after its organization, to pre- 



STATE SCHOOLS. 77 

scribe, in detail, the course of studies, both theoretical aud prac- 
tical, to be pursued at the University aud Agricultural and 
Mechanical College, and to draw up a project of the system of 
instruction so adopted. 

Sec. 184. [Board to Purchase Grounds Necessary for the 
TTniversity.) — The board of supervisors shall be charged with 
the purchase of all necessary grounds aud lands for the purpose 
of the University and Agricultural and Mechanical College, and 
with the purchase or erection, or both, as may be necessary, of 
all requisite buildings, workshops, laboratories aiicl other fixtures 
and contrivances needed for the academic, military, industrial 
or other departments of the University and Agricultural and 
Mechanical College, and with the purchase of all necessary sup- 
plies or articles for the use of the University and Agricultural 
and Mechanical College ; provided, that no member of the board 
of supervisors shall have any personal interest in any contract, 
or purchase, or sales, or in any business transaction of any kind 
whatever, for or on account of said University and Agricultural 
and Mechanical College ; and said board of supervisors shall be 
charged with the care and preservation of all the buildings, 
grounds and appurtenances of the University, after they shall 
have been provided. 

Sec. 185. [Power of the Board to Lease Certain Lands in 
Hapides and Saint Bernard.] — The board of supervisors be, and 
they are hereby empowered to least^, as early as may be practi- 
cable, and invest the proceeds thereof in the stocks of the State 
of Louisiana, or in the stocks of the United States, all the 
buildings and grounds and lands belonging to and held by the 
Louisiana State University, as it was established and located in 
the parish of Eapides prior to the passage of this act and to sell 
or lease all the buildings and grounds and land belonging to and 
held by the Louisiana Agricultural and Mechanical College, 
as it was established and located in the parish of Saint Bernard 
prior to the passage of this act ; and said stocks or bonds shall 
be deposited for safe keeping with the Treasurer of the State. 

Sec. 186. [Income from Congressional Grants.] — For the en- 
dowment, support, and maintenance of the Louisiana State 



78 STATE SCHOOLS. 

University, as heretofore created, constituted, and established^ 
there shall be and is hereby inviolably appropriated and placed 
at the disposal of the supervisors thereof, to be drawn from the 
State treasurer, upon the order of the president of the board, 
made upon the Auditor of the State, countersigned by the sec- 
retary of the board, and payable to the order ui the treasurer 
of the board of supervisors, all the interest and income derived 
and to be derived from the sales of all lands granted, or that 
hereafter may be granted, to the State of Louisiana by the 
United States, for the use of a seminary of learning, and all the 
interest and income of the fund derived and to be derived from 
the sales of all land and land scrip granted, or that may hereafter 
be granted to the State of Louisiana by virtue of an act of Con- 
gress, entitled, "An act donating lands to the several States and 
Territories, which may provide colleges for the benefit of agricul- 
ture and the mechanic arts," approved July 2, 1862; and all the 
interest and income of the funds to be derived from the lease of 
the buildings, grounds and lands in the parish of Eapides, and 
owned by or held for the use of the Louisiana State University, 
as it existed prior to the passage of this act ; and from the sale 
or lease of the buildings, grounds, and lands in the parish of 
Saint Bernard, owned by or held for the use of the Louisiana 
Agricultural and Mechanical College, as it existed prior to the 
passage of this act ; and all such gifts, grants, contributions and 
other donations to the endowment thereof, as may be derived 
from any and all sources. 

Sec. 187. [Instruction in Agricultural and Mechanic Arts.] — 
It is particularly enjoined upon the board of supervisors of 
this University and Agricultural and Mechanical College to 
make the training in those branches of study relating to agri- 
culture and the mechanic arts as practical as possible, and to 
that end to provide the necessary workshops and laboratories, 
and to secure suitable land in the vicinity of the University and 
Agricultural and Mechanical College for an experimental farm. 
For the purchase of an experimental farm the board of super- 
visors is hereby authorized to expend a sum not exceeding the 



STATE SCHOOLS. 7^ 

amount specified in the act of Congress hereinbefore mentioned, 
viz : ten per cent upon the amount received by the State, as the 
proceeds of the sale of the lands and the land scrip donated hy 
the general government of the United States. 

Sec. 188. [Report of the Board of Supervisors,] — At the 
regular stated meeting in December of each and every year, 
the board of supervisors shall, through the Governor of the 
State, make a report in detail to the Legislature, showing 
the true condition and wants of the University and Agri- 
cultural and Mechanical College, and recording any improve- 
ments and experiments made in agriculture and the mechanic 
arts, with their costs and results, the names of the profess- 
ors iand students, the amount of receipts and disbursements^ 
together with the nature, costs and results of all important 
scientific investigations and experiments in the useful arts^ 
and such other matters, including State, industrial and commer- 
cial statistics, and literary, historical, philological and philo- 
sophical discussions or essays as may be deemed important or 
useful ; one copy of which shall be transmitted to all the other 
colleges which shall be endowed under the provisions of the act 
of Congress of July 2d, 1862, as hereinbefore mentioned. 

Sec. 189. [Powers of the President of the Institution.] — The 
president of the Louisiana State University and Agricultural 
and Mechanical College shall be the president of the faculty of 
professors thereof, and executive head of the institution in all 
its departments. As such officer, he shall have authority, sub- 
ject to the board of supervisors, to give general direction to the 
practical affairs and scientific investigations of the University 
and Agricultural and Mechanical College, and in the recess of 
the board of supervisors, to remove any employe or subordinate 
officer not a member of the faculty, and supply for the time any 
vacancies thus created; and so long as the interests of the insti- 
tution require it, he shall be charged with the duties of one of 
the professorships; and it shall be the duty of the president of 
the University and Agricultural and Mechanical College to make 



80 STATE SCHOOLS. 

to the State Saperintendent of Public Education, on or before 
the first Monday in December in each year, and every year, a 
report, in detail, showing the progress and condition of the 
university, the names of the professors and students, the nature, 
costs and results of all important investigations and experiments, 
and such other matters, including industrial, economical philo- 
sophical, and educational statistics as he shall deem useful. 

Sec. 190. [Further Powers of the President of the University.] 
The president of the University and Agricultural and Me 
chanical College shall be specially charged with the discipline 
of the University and Agricultural and Mechanical College, and 
be held directly responsible for the good order of the establish- 
ment, and especially for the conduct and behavior of the students 
or cadets. And it is hereby declared not to be the intent of this 
act to devolve in any way upon the professors, as such, or upon 
the faculty of professors, the maintenance of good order and 
discipline among the students or cadets, or to hold them respon- 
sible for the conduct or behavior of the cadets or students out- 
side their class or lecture rooms and during the time of recitation, 
or study, or lecture; and it is ])articularly enjoined upon the 
board of supervisors to delegate to the president of the Uni- 
versity and Agricultural and Mechanical College, and through 
him, to such assistant disciplinarians as may be assigned him 
from among the professors and assistant professors, sufficient 
authority to enable him to maintain proper discipline and good 
order, and to meet promptly and efficiently the great responsi- 
bility hereby imposed on him. No student or cadet shall ever 
be tried by the faculty of professors, or by any committee oi 
j)rotessors, for any breach of discipline or other misconduct. 
But no provision of this section, or this act, shall be con- 
strued as militating against a proper subordination of pro- 
fessors or other officers to the president of the University 
and Agricultural and Mechanical College, and the neces- 
sity of obeying all the rules and orders which he may im- 
pose on them in virtue of the provisions of this act, and of 
the rightful authority delegated to him by the board of super- 



STATE SCHOOLS. 81 

visors, as hereby enjoined upon the board ; and the president of 
the University and j^gricaltural and Mechanical College shall 
have the power to assemble the faculty or any committee or num 
ber of the professors at any time he may see fit, for consultation 
or advice or other action, or any subject matter he may choose 
to lay before them ; provided only, that in all matters of disci- 
pline and relating to the conduct and behavior of students or 
cadets the president alone, and not the faculty or any professor, 
shall decide and act. 

Sec. 191. [Grant, Gift, Devise, and Bequest of Property to 
the Institution.] — The State of Louisiana, in its corporate capacity, 
may take by grant, gift, devise, or bequest, any property for the 
use of the Louisiana State University and Agricultural and 
Mechanical College, and hold the same, and apply the funds 
arising therefrom, through the board of supervisors, for the sup- 
port of said institution of learning. 

Sec. 192. [Board May Accept Donations, Etc.] — The board 
of supervisors, in its corporate capacity, may take by grant, 
gift, devise or bequest, any property for the use of the Louisiana 
State University and Agricultural and Mechanical College, or 
any school thereof, or of any professorship, chair, or scholarship 
therein, or for the library, maseum, observatory, workshops, 
experimental farm, apparatus, cabinet, or for any purpose appro- 
priate to the University and Agricultural and Mechanical Col- 
lege ; and such property' shall be taken, received, held, man- 
aged, and invested, and the proceeds thereof used, bestowed 
and applied by the said board of supervisors, for the purposes, 
provisions and conditions prescribed by the respective grant. 
gift, devise or bequest, and in accordance with the provisions of 
sections 174, 180 and 186. 

Sec. 193. [Investment of Permanent Funds.] — The board of 
supervisors may invest any of the permanent funds of the Lou- 
isiana State University and Agricultural and Mechanical College 
which are now, or may hereafter be, in its custody, in productive, 
unincumbered real estate in this State, subject to the power of 

6 



82 STATE SCHOOLS. 

tlie Legislature to control or change such investments, excepting 
such as by the i)rovisions of previous sections of this act, or by 
the terms of their acquisition, must be otherwise invested. 

Sec. 194. [Construction to he Placed Upon Donations.] — If 
by the terms of any grant, gift, devise or bequest, such as are 
hereinbefore described in sections lOl and 192, conditions are 
imposed which are impracticable under the provisions of the 
Eevised Statutes of this State, such grants, gifts, devise, or 
bequest shall not thereby fail, but such conditions shall be 
rejected and the intent of the donor carried out as near as may 
be. 

Sec. 195. [Instruction in Military Science.] — In the course 
of study pursued at the University, the board of supervisors 
shall cause Instruction to be given in the military branches of 
science. The students shall be styled cadets, and shall form a 
military corps, under the command of the president and such 
other professors as may be assigned to that branch of instruction. 
They shall constitute a guard for all public property, arms, or 
munitions now there or which may hereafter be assembled there 5 
and the president shall receipt for all such property, arms or 
munitions, and shall obey all orders relative to their preserva- 
tion or delivery that he may receive from the Governor of the 
State. 

Sec. 190. [Governor to Issue Commissions to Professors.] — 
The Governor of the State shall cause to be issued to the presi- 
dent of the Louisiana State University a commission as colonel, 
and to such other professors as maybe assigned to command 
commissions as majors, captains and lieutenants, according to 
the strength of the command; provided, that such commissions 
shall not entitle the holders to any rank in the militia of the 
State, or to any claim whatever to compensation other than that 
attached to their positions as professors. 

Sec. 197. [Expenses of the Supervisors.] — The reasonable 
expenses of the supervisors, in going to, and attending, the 
meetings of the board, shall be paid by the State ; and it shall 



STATE SCHOOLS. 83 

be the duty of the board of directors to set forth in their annual 
report the amount of such expenses, which amount shall be paid 
by the State Treasurer, on the warrant of the Auditor, who shall 
issue the said warrant upon the certificate of the president or 
vice-president of the said board ; provided, however, that the 
said amount does not exceed |250 in any one year. 

Sec. 19S. [Nautical Instruction.] — The board of administra- 
tors of the University of Louisiana, at New Orleans, and the 
board of supervisors of the Louisiana State University and 
Agricultural and Mechanical College, at Baton liouge, be and 
are hereby authorized to establish chairs of nautical educatiaii 
at said institutions, under the provisions of acts of Congress on 
the subject of nautical education in the several ports of the Union. 

Sec. 199. [Governor Instructed to Apply to the Government 
for Training Ships, Etc.] — The Governor of the State of Louisiana 
is hereby instructed to apply to the Secretary of theXavy for the 
suitable vessels, apparel, charts, books, instruments of naviga- 
tion, etc., for that puri>ose immediately upon the establishment 
of said chairs in said universities. 

Sec. 200. [Beneficiary Cadets.] — Each parish, as now created 
or that may hereafter be created in the State, shall have the 
right to delegate to the Louisiana State University and Agricul- 
tural and Mechanical College one beneficiary cadet, and the city 
of ISTew Orleans shall have the right to delegate to said institu- 
tion seventeen beneficiary cadets ; or one from each ward of said 
city, said beneficiaries to remain at said institution four years, 
unless sooner graduated or otherwise discharged ; provided, that 
no beneficiary cadet shall be permitted to resign from said insti- 
tution, without the consent of the board of supervisors thereof, 
which consent shall be given only in a case of urgent necessity, 
such as serious and long protracted ill health, duly declared by 
the certificate of the surgeon of said institution, or other compe- 
tent physician, be of such a nature as to render it impossible for 
said cadet to pursue his studies with advantage. 

Sec. 201. [Police Juries and City Council to Elect Bene- 
ficiaries.] — The police jury of each i>arish and the city couu- 



S4 STATE SCHOOLS. 

cil of Kew Orleans, respectively, may, at a regular meeting, elect 
the number of beneficiary cadets to which said parish or city is 
entitled as aforesaid, of such age and qualifications as may be 
prescribed by the board of supervisors for admission to the col- 
lege classes of said University and Agricultural and Mechanical 
College ; and shall cause the beneficiary so selected to report in 
j)erson at said institution on or before said 5th day of October ; 
l)rovided, that said beneficiary cadets shall be selected from the 
number of those residents of said parish or of said city, who have 
not themselves, nor have their parents, the means of defraying 
the whole of their necessary expenses of maintenance and sup- 
port at said institution, which facts shall be duly certified to the 
president of said institution, by the president of said police jury, 
or said city council of Kew Orleans, as true, to the best of his 
knowledge and belief. 

Sec. 202. [Authority of the Police Juries and City Council 
of New Orleans to Appropriate Funds for Beneficiaries.] — For 
maintenance and board of said beneficiaries in said institution, 
the police juries of the several x)arishes and the city council of 
the city of E"ew Orleans, be and are hereby authorized and 
empowered to appropriate out of their respective treasuries, a 
sufficient sum to defray the necessary expenses of said cadets as 
iippointed under the provisions of this act; provided, that the 
expense of no cadet shall exceed two hundred and fifty dollars 
($250^ per annum; provided, that under no circumstances shall 
any part of this sum be paid by the State. 

Sec. 203. [Conditions to the Benefit of Scholarships.] — In 
order to take advantage of the right granted to each parish and 
to the city of Xew Orleans, in section 200 of this act, each parish 
and city shall make an appropriation of $150 per annum out of 
any money in its treasury for the maintenance and board in said 
institution of each beneficiary cadet delegated by said parish or 
said city, said sum to be paid to the treasurer of such institution 
T3efore the admission of said cadet ; and the power to make such 
appropriation is hereby granted to the police juries of the several 
parishes and to the city council of IS^ew Orleans. 



state schools. 85 

Institution foe, the Blind. 

Sec. 204. [Establishment of the Institution at Baton Rouge.] — 
All institution for the instruction of the blind exclusively be and 
the same is hereby established at the city of Baton Rouge, in 
this State. 

Sec. 205. [Applicants— On What Terms Admitted.]— All blind 
persons, residents of this State, of sound mind and good moral 
character, shall be entitled to admission into said institu- 
tion as pupils, and shall be provided with instruction, board,, 
lodging-, medi<}ine and medical attendance at the expense of the 
institution, and all those whose indigent circnmstances shall be 
shown by the certificate of any member of the police jury of the 
parish, or by the mayor of the town or city where they reside,, 
and such only, shall be furnished with clothing at the expense 
of the institution. 

Sec. 206. [Organization of the Institution and Instruction.] — 
The institution shall be thoroughly organized in its academic, 
musical, and mechanical departments, and every pupil shall 
receive such instruction as it can afford and the capacity of the 
pupil will permit. All persons admitted as pupils, between the 
ages of eight and fourteen years, may continue in the institution 
nine years ; all admitted between the ages of fourteen and seven- 
teen years, may continue six years, and all admitted at an age 
exceeding seventeen years may continue four years as pupils. 

Sec. 207. [General Control.]— The general control of said 
institution shall be vested in a board of trustees, to be composed 
of the Governor of the State, who sliall be ex-officio president of 
the board, the principal of the institution, and five members to 
be appointed for the term of four years by the Governor, by and 
with the advice and consent of the Senate. Said board is hereby 
declared a body politic and corporate in deed and in law, and 
shall have full power to sue and be sued, and to make con- 
tracts, and to acquire and hold by purchase or donation any real 
or personal estate necessary for the uses of said institution. The 
domicile of said corporation is established at Baton Rouge, 



86 STATE SCHOOLS. . 

and the vice-president of tlie board sliall be the officer upon 
whom all legal x)rocess shall be served to bi:d said board. 

Seo. 208. [First Meeting.] — The first meeting of the board 
of trustees shall be held at such a time and place as may be fixed 
by the Governor, and they shall at said meeting elect a principal 
for the institution, a vice-president of the board, a treasurer and 
such other officers as may be necessary for the proper organiza- 
tion and management of the institution. 

Sec. 209. [Residence, Salary and Duties of Principal.] — The 
principal shall have the charge and management of the institu- 
tion; he shall reside in the institution, and receive such salary 
and perform such duties as may be determined by the board. 

Sec. 210. [Duties of the Vice-President] — The vice-presi- 
dent shall preside at the meetings of the board in the absence of 
the president, and shall exercise a general supervision over the 
affairs of the institution. 

Sec. 211. [Treasurer,] — The treasurer shall give bond in 
such sum as the board of trustees may determine, with security 
to the satisfaction of the vice-president. He shall receive from 
the State Treasurer the appropriations which may from time to 
time be made by the Legislature for the support of the institution, 
upon his warrant, countersigned by the Governor. He shall pay 
out the same upon the order of the principal of the institution, 
countersigned by the vice-president of the board. He shall 
receive such salary as maybe determined by the board, and both 
he and the principal may be removed at their pleasure. 

Sec. 212. [By-Laws and Eegulations.] — The board of trus- 
tees shall have power to make all needful rules and regulations 
for the government of said institution and also all needful rules 
and regulations for the governmeut of the industrial home for 
the blind, hereinafter provided for. Three members of the board 
shall constitute a quorum for the transaction of business. 

Sec. 213. [Industrial Home for the Blind.]— There shall be 
attached to said institution, and under the control of the board 



STATE SCHOOLS. 87 

of trustees thereof^ an industrial home, in which shall be received 
Mind persons, residents of the State of Louisiana, who are of 
sound mind and good moral character. The inmates of this home 
shall be provided with board and lodging, and furnished with 
work at the trade or trades introduced therein; they shall 
receive wages for their work, and be required to pay for their 
support. Any properly qualified person desiring admission into 
the home, who has not learned any trade wrought at therein, may 
be admitted and receive support and instruction in some trade 
for one year. If, at the end of that time, it shall appear that 
such person is unable or unwilling to learn a trade, he shall not 
be entitled to longer residence in the home, the true intent and 
purpose of this act being to provide a shop and residence for 
industrious blind persons, and to furnish them an opportunity to 
escape pauj)erism and mendicancy, and not to establish an alms- 
house. 

Sec. 214. [Expenses of the Board of Trustees.] — The expenses 
of the board of trustees, incurred in attending the meetings of 
the board, shall be i^aid out of the funds of the institution. 

Sec. 215. [Admission Regardless of Race.] — l^o part of this 
act shall be construed so as to deprive any person on account of 
race or color of the privilege of admittance into the institution. 

Institution for the Deaf and Dumb. 

Sec. 210. [Institution for the Exclusive Use of the Deaf and 
Dumb.] — The institution heretofore known as the Louisiana Insti- 
tution for the Deaf and Dumb and the Blind, located at Baton 
Rouge, in this State, be and the same is hereby reorganized by 
the provisions of this act for the exclusive benefit of the deaf and 
.dumb. 

Sec. 217. [Admission of Pupils.] — All the deaf and dumb 
residents of this State of sound mind and proper health of body, 
and between the ages of eight and twenty-five, shall be admitted 
to said institution as pupils, and be provided with instruction, 
Iboard, lodging, medicine, and medical attendance at the expense 



OO STATE SCHOOLS. 

of the institution, and all those in sucli indigent circumstances as 
sliall ai)pear by the certificate of any member of the police jury 
of the parish, or the mayor of the city where they reside, to 
render such aid necessary, shall also be furnished with clothing^ 
and traveling exj)euses to and from the institutions. 

Sec. 218. [Literary and Mechanical Education.]— The insti- 
tution shall afibrd all requisite facilities for i^roviding a good- 
literary education and a mechanical department in which instruc- 
tion shall be given in such trades as may be best suited to render 
the i)ui)ils self-sustaining citizens. 

Sec. 219. [Control — In "Whom Vested.]— The general con- 
trol or said institution shall be vested in a board of trustees, to 
be composed of the Governor of the State, who shall be ex-officio 
president of the board, the superintendent of the institution, and 
five members, to be appointed by the Governor, by and with the 
advice and consent of the Senate. Said board is hereby declared 
to be a body politic and corporate in deed and in law, and shall 
have full power to sue and be sued, to make contracts, and to 
acquire and hold, by purchase or donation, any real or i)ersoual 
estate, as may be necessary for the uses of said institution.. 
Tbe domicile of said corporation is established at Baton Rouge, 
and the vice-president of the board shall be the officer upon 
whom all legal process shall be served to bind said board. 

Sec. 220. [Officers.]— The first meeting of the board of trus- 
tees shall be held at such time and place as may be fixed by the 
Governor, and they shall, at said meeting, elect a superintendent 
for the institution, a vice-president of the board, a treasurer, and 
such other officers as may be necessary for the jDroper organiza- 
tion and management of the institution. 

Sec. 221, [Duties of the Superintendent] — The superin- 
tendent shall have charge and management of the institution ; he 
shall reside in the institution, and receive such salary and per- 
form such duties as may be determined by the board. 

Sec. 222. [Duties of the Treasurer.] — The treasurer shall 
give bond in such sum as the board of trustees may determine^ 



STATE SCHOOLS. 8& 

with security to the satisfaction of the vice-president. He shall 
receive from the State Treasurer the appropriation made from 
time to time by the Legislature for the support of the institution^ 
upon his warrant, countersigned by the Governor. He shall pay 
out the same upon the order of the superiutendent of the institu- 
tion, countersigned by the vice-president. He shall receive such 
salary as may be determined by the board, and both he and the 
superintendent may be removed by the board for any good cause. 

Sec. 223. [Quorum and Rules of the Board.]— The board of 
trustees shall have the power to make all needful rules and regu- 
lations for the government of said institution, and three members 
shall constitute a quorum for the transaction of business. In the 
absence of the president the vice-president shall act as president 
of the board. 

Sec. 224. [Expenses of Trustees — How Paid.] — The expenses 
of the members of the board of trustees, incurred in attending 
the meetings of the board, shall be paid out of the funds of the 
institution. 

The Southern University. 

(For Persons of Color.) 

Sec. 225. [Establishment.] — There shall be established in 
the city of New Orleans a university for the education of persons 
of color, to be named and entitled the '' Southern University." 

Sec. 226. [Board of Trustees.] — The said university shall 
be governed and directed by a board of trustees, to be. composed 
of twelve members, who shall be appointed by the Governor by 
and with the advice and consent of the Senate; provided, that 
at least four of said board of twelve shall be appointed from the 
colored race ; vacancies shall be filled in a similar manner. The 
members of the board shall be appointed to serve during four 
years, but any member failing to attend two successive regular, 
meetings of the board shall, except in case of sickness or other 
good cause, be considered no longer a member of said board, and 
the Governor, on receiving official notice of such absence from 



^0 STATE SCHOOLS. 

the president of the board, whose duty it shall be to report the 
same, shall immediately fill the vacancy in the manner jDrescribed. 

Sec. 227. [ftuyrum.] — Six members of said board, at a stated 
or regularly called session, shall constitute a quorum. 

Sec. 228. [Officers of the Board— How Elected, Duties.]— 
The said board of trustees shall be empowered to elect from 
among their own members a president and vice-president of 
the board, a secretary and treasurer; the treasurer shall give 
bond in the sum of ten thousand dollars for the faithful perform- 
ance of his duties, and shall pay out money only upon warrants 
issued by the president of the board, countersigned by the presi- 
dent of the faculty ; provided, that the treasurer shall not be a 
professor or other officer or employe of the university, and shall 
not be interested, directly or indirectly, in any contract for fur- 
nishing supplies or articles of any kind to the university ; pro- 
vided further, that at the discretion of the board the two offices 
of secretary and treasurer may be combined in one person. 

Sec. 229. [Rules and Regulations ; Faculty.] — The said board 
of trustees shall be empowered to enact general rules and by-laws 
for the said university in all its departments, and to elect a 
president of the faculty, professors and teachers, and determine 
their compensation ; also, all officers and employes that may be 
necessary, and prescribe their duties and compensation. 

Sec. 230. [Powers of the Board of Trustees.]— The said de- 
partment shall be organized as a corporation under the general 
laws of the State of Louisiana, and the trustees thereof shall be 
capable in law to receive all donations, trusts and bequests made 
to the "Southern University," and manage the same, to sue and 
be sued in courts of justice, and to do all other acts iu the prem- 
ises incident to such trustees. 

Sec. 231. [Faculty, Degrees, Departments, and Courses.] — 
There shall be established by said board of trustees a faculty of 
arts and letters, which shall be competent to instruct in every 
branch of a liberal education, and under rules of, and in concur- 
rence with, the board of trustees, to graduate students and grant 



STATE SCHOOLS. 



91 



all degrees appertainiug to letters and arts known to universities 
and colleges in Europe and America, on persons competent and 
deserving tlie same. 

There may also be established by said board of trustees a 
department of law and medicine. The department of law shall 
consist of three (3) or more learned professors, learned and 
skilled in the practice of law in this State, who shall be required 
to a full course of lectures on international, constitutional, com- 
mercial and municipal or civil law and instruction in the practice 
thereof. The medical department of the university shall consist 
of not less than three professors. They shall be appointed by 
the board of trustees from regular practicing physicians of the 
State. The degree of bachelor of law and doctor of medicine, 
granted by them, shall authorize the person upon whom it is 
conferred to ijractice physic and surgery in this State. 



IX. TULANE UnIYERSITY OF LOUISIANA, 

Act No. 43 0/1884 and Amendment to the Constitution. 



232. (1) Board of Administrators. 

233. (2) Rights, powers, privileges, 

francliises and imninnities of 
the board. 

234. (3) Power to hold and own prop- 

erty, real and personal. 

235. (4) Name of the university to be 

the Tnlane University of Lou- 
isiana of Louisiana — its pow- 
ers, privileges, immunities and 
franchises. 
:236. (5) Exemption from taxation. 

237. (6) Transfer of rights, powers, 

etc., from the University of 
Louisiana to the Administra- 
tors of the Tulane Education 
Fund; Scholarships 

238. (7) The act declared to be a con- 

tract between the State and 
the Administrators of the Tu- 
lane Education Fund. 



Laivs Governing the "University of Lou-. 

isiana' Apjjlicahle to the Tulane 

University of Louisiana. 

239. IS. 1352, E. A\]— Corporate pow- 

ers of the board of administra- 
tors. 

240. IS. 1353, i?. aS'.]— Departments of 

the University. 

241. [1354, E. S.]— Powers of the 

board of administrators. 

242. [_S. 1358, E. S.']— By-laws and 

regulations. 

243. IS. 1359, E. *S.]— Literary honors 

and degrees. 

244. [_S 1368, E. ^S.]— Transfer of 

property. 

245. [S. 1369, E. ,5^.]— Law depart- 

ment. 

246. IS. 1370, E. ^.]— Medical depart- 

ment. 



92 STATE SCHOOLS. 

TuLANE University.* 

Amendment to the Constitution. 

Sec. 232. [Board of Administrators.] — The board of admin-j 
istrators of the University of Louisiana shall hereafter, instead of 
the board appointed as provided by section thirteen huodred and 
fifty-one (1351) of the Revised Statutes, consist of the seventeen 
administrators of the ''Tulane Education Fund," with power,, 
perpetually, to fill an 7 vacancy in their number; provided, that 
the said board shall, on the passage of this statute, recognize by 
formal notarial act the Governor of the State, the Superintendent 
of Public Education, and the Mayor of the city of New Orleans^ 
as ex-officio members of said board. 

Sec. 233. [Rights, Powers, Franchises and Privileges of the 
Board.] — The board of administrators of the Tulane Education 
Fund, as administrators of the University of Louisiana shall 
have all the rights, powers, privileges, franchises, and immuni- 
ties, now vested in the board of administrators of the University 

*TuLANB University. — The University is not introduced into this compilation in the sense 
of a completely free school, yet the geiieml benefits extended by its scholarship system, its 
agreemeut with the State and its relation to the 'University of Louisiana" place it in the 
catalogue if public institutions 

The school was founded upon an endowment of the late Paul Tulane, and was established 
by Act No. 43 of 1884, which was ratiflc"! bv a constitution.il amendment April 17th, 1888. The 
following preamble, quoted from the above act, will explain the conditions upou which the 
"Univer.sity of Louisiana" was ch.anged into the Tulane University: 

" Whereas, Paul Tnlnne, E.sq., formerly a resident of this State, and now of Princeton, New 
Jersey, with the beneficent purpose of fostering higher educatiim in thi.- State dii , in May, 
1882, express to certain citizens of this State his'inteution to don.ite for such purposes valuable 
real estate to him belonging, situated in the city of New Or'eans; and 

' Whereas, The citizens to whom the intentions of Paul Tuhine Esq.. were expressed, did,^ 
by act, before Chas. G. Aiidry, a notary public in the city of New Orleans, organize them- 
selvt s into a corporation under the name of the 'Administiatois of the Tulane Education 
Fund,' with the objects and purposes specified in sail act of incorporation ; and, 

''Whereas, Since the formation of said corporation, Paul Tulane. Esq., in the execution of 
his previously expressed intentions, lias donated to said .administrators of the 'Tulane Educa- 
tion Eund' nearly one mil ion dollars, the revenues whereof are to be used for the promotion 
and encouragement of inte lectnal moral a-id industrial education, and has CNpressed his 
intention to larsely in. rease said donation should this act he adopted ; and, 

"Whereas, The said board of administrators of the Tulane Education Fund,' in order to 
make their work fruitful in results, have expressed their desire to take charge of tlie Univer- 
siiy of Louisiana, in the city of New Orleans, and to devote the revenues of the property now 
owned, or hereafter to be ovvned, by said board, to its expansion and development ; and upon 
the adoption of a constitutional amendment to that end, to apply all the reveiiues of property 
now owned, or here:ifter to be acquired by them to the cieation and development in the city 
of New Orleans of a great Universitj', whereby the blessings of higher education, intellectual, 
moral and industrial, may bo given to the youth of this State ; and, 

"Whereas, Under the terms of this action, as proposed by said board, the property of said 
board and the revenues thereof, will not be used for puiposes of private or corporate income or 
profit, but will be exclusively dedicated to school t urposes, and ta the service f the State in 
maintaining and developing the University of Louisiana, an institution recognized in the Con- 
stitution, therefore entitling the property of said board to exemption from all taxation, both. 
State, parochial and municipal ; tberelbre, 

"Ue (■( enacted,'^ ect. 



STATE SCHOOLS. 93 

of Louisiana by existing laws. They shall further have full 
■direction, control, and administration of the University of Lou- 
isiana, now established in the city of New Orleans, in all its 
departments, as also of all the property belonging to the State 
of Louisiana, and now dedicated to or used by the University of 
Louisiann, as well as all property controlled or used by the said 
University of Louisiana, and for the purposes thereof, and the 
board of administrators of the University of Louisiana are hereby 
empowered and directed to turn over to the board of adminis- 
trators of the ^' Tulane Education Fund" all the property, rights, 
books, papers and archives now under their administration or 
control ; provided, that if the custody of the State library should 
be transferred to the Tulane University of Louisiana, as herein 
established by the consolidation of the University of Louisiana 
at New Orleans with the board of administrators of the "Tulane 
Education Fund," as herein provided for, through the University 
of Louisiana, at New Orleans, as it now exists, or otherwise, it 
shall be on the express condition and agreement that the State 
of Louisiana may resume the custody and control of said State 
library, whenever it may be deemed advisable ; and provided 
further, that after the establishment of the ''Tulane University 
of Louisiana," as herein provided for, and after the transfer of 
the custody of the State library thereto, as aforesaid, if the cus- 
tody thereof shall be transferred to the " Tulane University of 
Louisiana," as herein established, then and in that event, the 
State of Louisiana shall be relieved of and released from all 
obligations to pay the salary or the compensation of the State 
librarian or his assistants, as is now or may hereafter be 
fixed by law, during the period said State library may r^ main 
in the custody of the said "Tulane University of Louisiana 5" but 
that during sail period the salary or compensation of said State 
librarian shall be paid by the "Tulane University of Louisiana." 
An inventory shall be made of all the property, movable and 
immovable, belonging to the University of Louisiana, and trans- 
ferred by this act to the control and administration of the admin- 
istrators of the " Tulane Education Fund," by two appraisers to 



94 STATE SCHOOLS. 

be appointed for that purpose by the Governor of the State and 
sworn, which appraisement shall be filed in the office of the Secre- 
tary of State, as evidencing the description and appraised value 
of the property so transferred, and also in order that the liability 
of the said administrators of the " Tulane Education Fund " may 
not be extended beyond a return of the property so transferred, 
in any contingency ; provided further, that the property, so trans- 
ferred, may not be sold or disposed of except under legislative 
sanction ; provided further, that if the "Tulane University of Lou- 
isiana" as herein established, should cease to use the property, 
and exercise the privileges, franchises and immunities, now under 
the control and administration of, and enjoyed by the University 
of Louisiana, as now constituted and transferred by this act, for 
the exclusive purposes intended by this act, then and in that 
event the State of Louisiana shall have the right to resume the 
custody, control, and administration of said property, and the 
exercise of said privileges, franchises and immunities. 

Sec. 234. [Power to Own Property, Real and Personal.] — 
The said board of administrators of the "Tulane Education 
Fund " — shall perpetually as administrators of the University of 
Louisiana as abo^e provided, have full and complete control of 
all the proi)erty and rights, and now vested in the University of 
Louisiana. The said board shall have the powers above pro- 
vided in addition to those conferred by its charter, by act passed 
betore Chas. G. Andry, notary public, in the city of New Orleans, 
on the 29th day of May, A. D., 1882, including the power to hold 
and own all real and personal j)roperty, now to said board 
belonging, or hereafter to be by it acquired, daring its corporate 
existence, for the purposes and objects of its being, or the reve- 
nues whereof are to be solely applicable to such purposes. 

Sec. 135. [Name: the Tulane University of Louisiana.] — In 
honor of Paul Tulane and in recognition of his beneficent gifts 
and of their dedication of their purposes expressed in this 
act, the name of the University of Louisiana be, and the same is 
hereby changed to that of the " Tulane University of Louisiana," 



STATE SCHOOLS. 95 

under wliich name it shall possess all the powers, privileges, 
immunities and franchises, now vested in said University of 
Louisiana, as well as such powers as may tiow from this act or 
may be vested in said board, under the term of this act, from 
the adoption of the constitutional amendment hereafter referred 
to. The purpose of this act, being, to invest the board of admin- 
istrators of the '-Tulane Education Fund" with all the rights 
now vested in the University of Louisiana ; to give said board 
moreover complete control of said university in all its depart- 
ments, and in ev( ry respect, with all i)owers necessary or inci- 
dental to the exercise of said control. To enable said board, 
besides the powers designated by this act, to have irrevocably 
upon the adoption of said constitutional amendment, full power 
with the rights hereby conferred to create and develop a great 
university in the city of Kew Orleans to be named as aforesaid; 
said university to be established by the said board of adminis- 
trators of the "Tulane Education Fund," to be dedicated to the 
intellectual, moral and industrial education of the youth of the 
State, in accordance with the charter of said board of adminis- 
trators of the Tulane Education Fund. 

Sec. 236. [Exemption from Taxation.] — In consideration of 
the agreement of said board to develop and maintain the Uni- 
sity of Louisiana, and thereby dedicate its revenues not to 
purposes of private or corporate income or profit, but to 
the public purposes of developing and maintaining the Uni- 
versity of Louisiana, all the property of the said board, 
present and future, be and the same is hereby recognized 
as exempt from all taxation, State, parochial and munici- 
pal ; this exemption to remain in force as long as the reve- 
nues of the said board are directed to the maintenance of 
the University of Louisiana, as aforesaid, or until said consti- 
tutional amendment be adopted. The adoption of said amend- 
ment shall operate such exemption in consideration of the said 
board expending their revenues as aforesaid, or creating, main- 
taining and developing a great university in the city of 'Sew 
Orleans ; provided, that the property exempted from taxation 



96 STATE SCHOOLS. 

by this act shall not exceed in value five millions of dollars, 
invested in real estate not otherwise exempted, which said value 
shall be determined in the mode required by law for the assess- 
ment and valuation of property subject to taxation, it being the 
true meaning and intent hereof, that all the property of the 
Tulane Uui\ ersity of Louisiana, of whatsoever character, shall 
be exempted from taxation, State, parochial and municipal, 
except the excess of real estate belonging thereto, over and 
above the value of fi.ve million dollars, as above stated. 

Sec 237. [Scholarships to he Granted.] — In consideration 
of the vesting of the administration of the University of Lou- 
isiana in the said administrators of the ''Tulane Education 
Fund," of the transfer of the rights, powers, privileges, fran- 
chises and immunities of the said university to said administra- 
tors and of the exemption from all taxation as herein above pro- 
vided, the said administrators hereby agree and bind themselves, 
with the revenues and income of the property heretofore given 
them by Paul Tulane, Esq., as well as from the revenues of all 
other property, real, personal, or mixed, hereafter to be held, 
owned or controlled by them, for the purposes of education, to 
develop, foster, and maintain, to t .e best of their ability and 
judgment, the University of Louisiana, hereafter to be known as 
the " Tulane University of Louisiana," and upon the adoption 
of the constitutional amendment aforesaid, to perpetually use 
the powers conferred by this act, and all power vested in them, 
for the purpose of creating and maintaining in the city of N'ew 
Orleans a great university, devoted to the iutf'llectnal, moral 
and industrial education and advancement of the youth of this 
State, under the terras of the donation of Paul Tulane, and the 
previous provisions of this act. The said board further agree 
and bind themselves to waive all legal claim upon the State of 
Louisiana for any appropriation, as provided in the Constitution 
of this State, in favor of the University of Louisiana. Besides 
the waiver of the claim, as aforesaid, as an additional considera- 
tion between the parties of this act,. the said board agrees to give 
continuously, in the academic "department, free tuition to one 



STATE SCHOOLS. 97 

student from each senatorial and from each representative dis- 
trict or parish, to be nominated by its member in the General As- 
sembly from among the bona Jide citizens and residents of his dis- 
trict or parish, who shall comply with the requirements for admis- 
sion established by said board. The meaning of this provision 
being that each member of the General Assembly, whether senator 
or representative, shall have the right of appointing one student, 
in accordance with the foregoing provisions. The free tuition 
herein provided for shall continue until each student has grad- 
uated from the academic de^jartment, unless his scholarship has 
ceased from other causes. Whenever a scholarship becomes 
vacant, from any cause, the senator or representative who ap- 
pointed the previous student, or his successor, shall, in the 
manner prescribed by this section, immediately name a successor. 

Sec. 238. [Contract Between the State and the University.] — 
This act, in all its provisions be and the same is hereby declared 
to be a contract between the State of Louisiana and the admin- 
istrators of the "Tulaue Education Fund," irrevocably vesting 
the said administrntors of the "Tulane Education Fund" with 
the powers, franchises, rights, immunities and exemptions herein 
enumerated and hereby granted, and irrevocably binding said 
administrators to develop, foster, and maintain as above pro- 
vided, the University as aforesaid in the city of New Orleans, 
subject to and according with the terms of this act.* 

Laics Transferred from the University of Louisiana to the Titlane 
University of Louisiana. 

Sec. 239. [Corporate Powers of the Board of Administrators.] — 
The administrators and their successors shall be and for- 
ever remain a body politic and corporate and shall have 
perpetual succession, and shall be able in law to sue and 
be sued, implead and ' be impleaded, answer and be answered 

*The tsvo sections succeeding tliis section in tlie Act 43 of 1884, wnich are sections 8 and 9, 
are liereby omitted, as their provisions are only temporary. The tirst prescribed that the act, 
■without^ doubting the validity of the law, Avas to be submitted to the people for constitutional 
ratification ; and the second made the act effective pending the constitutional election. Seo 
tioud 10, 11 and 12 providing for election and containing repealing clauses are also omitted. 



98 STATE SCHOOLS. 

unto, defend and be defended in all courts and places what- 
soever 5 and may have a common seal, and may change and alter 
the same at their pleasure; and shall also be able in law to take 
by purchase, gift, grant, devise and donation, inter vivos and 
mortis causa, made by individuals and corporations, within this 
State or elsewhere, and to hold any real or personal estate what- 
ever. They and their successors shall have power to grant, bar- 
gain, sell, lease, demise or otherwise dispose of (except by mort- 
gage) all or any part of the real or j)er80ual estate, as to them 
shall seem best for the interests of the University, excepting the 
buildings of the University, the library, apparatus and scientific 
collections, which shall only be conveyed after the consent of 
the Legislature is first obtained. Ko mortgage shall ever be 
given on any of the property of the University, unless specially 
authorized by law for any specific purpose. 

Sec. 240. [Departments of the University.] — The University 
shall be composed of the following departments or taculties, to- 
wit : Law, Medicine, the Natural Sciences, Letters and College 
proper, or Academical department ; all of which, as the resources 
of the University increase, shall be completed and the adminis- 
trators, excepting the Medical department, which shall be com- 
posed of and formed by the Medical College of Louisiana, as at 
present organized and established by law ; which said depart- 
ment, as hereafter provided for, shall be engrafted on the Univer- 
sity, and be conducted as hereafter directed. 

Sec. 241. [Powers of the Board of Administrators.] — The 
administrators shall have the ijower to direct and prescribe the 
course of study and the discipline to be observed in the Univer- 
sity; to appoint by ballot, or otherwise, the president of the 
Umiversity, who shall hold his ofllice at the pleasure of the board 
and perlorin the duties of a professor ; to appoint professors, 
tutors and ushers to assist in the government and instruction of 
the students, and such other officers as they may deem necessary, 
they being removable at the pleasure of the board. They shall 
fix the salaries of the president, professors and tutors, in the 



STATE SCHOOLS, 99 

Academical department, and fill vacancies in the professorships. 
Vacancies in the Law or Medical department shall be filled fram 
persons first recommended to the administrators by the faculty 
of the department In which a vacancy may happen. 'No pro- 
fessor, tutor, or other assistant officer shall be an administrator 
of the University. 

Sec, 242. [By-Laws and Eegulations.J — They shall have 
power to make all ordinances and by-laws which to them shall 
seem expedient for carrying- into effect the design contemplated 
by the establishment of this University, not inconsistent with 
the Constitution of the United States and of this State, nor with 
the provisions of their charter. They shall not make the religious 
tenets of any person a condition of the admission to any privi- 
lege or office in the University, nor shall any course of religious 
instruction be taught or allowed of a sectarian character and 
tendency. 

Sec. 243. [Literary Honors and Deg^rees.] — They shall have 
the right of conferring under their common seal, on any person 
whom they may think worthy thereof, all literary honors and 
degrees known and usually granted by any university or college 
in the United States or elsewhere. The degree of Bachelor of 
Law, and Doctor of Medicine, granted by them, shall authorize 
the person on whom it is conferred to practice law, physic and 
surgery in this State. 

Sec. 244. [Transfer of Property.] — All of the real and personal 
estate whatsoever belonging to the Medical College of Louisiana, 
is hereby transferred to and vested in the University of Lou- 
isiana 5 provided, the administrators of the University appro- 
priate the sum which the real and personal estate of the Medical 
College cost to the purchase of philosophical and chemical appa- 
ratus for the use of the college, and the Medical College, as it is 
now organized, is herein and hereby incorporated with and made 
a part of the University of Louisiana, and shall constitute the 
only medical department of the University. The professors now 
filling the chairs in that school shall constitute the medical 



100 STATE SCHOOLS. 

faculty of the department of medicine of the University, and fill 
the same chairs in the LTuiversity now filled by them in the 
Medical School of Louisiana, and hereafter be under the govern- 
ment of the board of administrators of the University. The 
requisites for admission, the examination of candidates for their 
degrees in the medical and law dei)artments, the management 
of pecuniary concerns, the salaries of the professors, the tuition 
and the terms of admission, shall be under the exclusive control 
of the faculty of the departments respectively. 

Sec. 245. [Department of Law.] — The department of law 
shall consist of three or more professors, who shall be required 
"to give a full course of lectures on international, constitutional, 
maritime, commercial and municipal or civil law, and instruc- 
tion in the practice thereof. 

Sec. 246. [Access of the Medical Department to the Charity 
Hospital.] — The medical department of the University shall at 
all times have free access to the Charity Hospital of New Orleans, 
for the purpose of aftording their students practical illustrations 
of the subjects they teach. 



insTDEiH: 



AGRICULTUKAL AND MECHANICAL COLLEGE, STATE UNIVERSITY 
AND, 

Constitutional provisions 7-9 

Legislative enactments 71 

BLIND, INSTITUTE FOR THE 85 

CITY SCHOOLS. 

School board 56 

Services of directors "witliout compensation, superintendent 60 

Taxes prior to -1880, judgments, board of liquidation 61 

Treasurer 62 

Expenses, report of the board 63 

Proper evidences of claims 64 

COLORED UNIVERSITY. 

Constitutional clause 7 

Southern University 89^ 

CONSTITUTIONAL PROVISIONS 4 

DEAF AND DUMB, INSTITUTION FOR THE 8T 

DEBT. 

Evidences of debt non-negotiable 13 

Limit of contract obligations 15 

DECISIONS AND APPEALS. 

Appeal of removed superintendent 12 

Decisions by the State Superintendent 22 

DONATIONS 50 

ENUMERATION OF EDUCABLE YOUTH. 

Parish superintendent's duty in relation thereto 24 

Assessor's duty 25 

EXAMINATIONS. 

Competitive 35 

Fee, duties of examiners 34 

Certificate, requirements 35. 

Exception in regard to certain graduates 26- 



102 INDEX. 

EXEMPTION. 

Schools from taxation 4 

Officers from j iiry duty 18 

EXPKOPRIATIONS OF LAND 16 

FRENCH LANGUAGE. 

Constitutional provisions 6 

Legislative enactment 53 

FUNDS, SCHOOL. 

Sectarian schools cannot receive 6 

Of what they shall consist 6 

Free school, seminary, agricultural and mechanical 8 

Transfer of, disbursement 27 

Apportionment of 38 

HYGIENE AND TEMPERANCE. 

Shall be taught in the public schools 53 

INDUSTRIAL COLLEGE, STATE. 

Establishment and rules , 69 

INSTITUTES. 

Attendance obligatory, penalty for superintendent's absence, parish 

institutes 29 

Members, managers, fund 30 

Orleans excepted, reports. State institutes, conductor 31 

Assistant lecturers, notification to teachers 32 

Penalty for teacher's absence, leave of absence from schools, com- 
pensation, certificate, report 33 

LOUISIANA STATE UNIVERSITY 71 

LAND FOR SCHOOL HOUSE SITES. 

Expropriations 16 

Sale by the Land Register 17 

NORMAL SCHOOLS. 

State Normal School 66 

OATH OF OFP^ICE . , 12 

PARISH OFFICERS. 

Terms of office, removal 12 

PARISH SUPERINTENDENT. 

Qualifications, salary, visits 23 

Additional Compensation, teachers, enumeration of youth 24 

Anmial report, custody of papers 25 

Oaths he may administer, office days . . . ; 26 

Penalty for absence from institute 29 



INDEX. 103 

31E VENUE. 

Apportionment of current school fund 38 

Police jury and municipal tax, bonds and fines 39 

Special tax 40 

Poll tax : 40 

Sale of sixteentli section lands, election 43 

Survey, order of the Auditor 44 

Unhabitable lands, sale 45 

Treasurer's commission, lease, i^roceeds 46 

Annulling sales, collection of notes 47 

Attorney's compensation 48 

Capital due the several townships, trespass 49 

Donations : authorized, conditions, trustees 50 

Trustees, fidei commissse, of town charters 51 

Prescription of debts 52 

SCHOOL BOAED, PARISH. 

Body corporate 12 

Evidence of debt non-negotiable, exempt from furnishing bonds in 

suits, attorney, duties and authority. 13 

. Debts, duties of president and secretary, reiiorts 15 

Expropriation of land for school house sites 16 

School districts . . 18 

;SCHOOLS. 

Graded and high schools 52 

Branches to be taught, hygiene and temperance 53 

Text books, sectarian schools, days of rest 54 

(See also CITY SCHOOLS, j 

SIXTEENTH SECTIONS (See REVENUE). 

-STATE BOARD OF EDUCATION 

Of whom composed 10 

Time of meeting, may require reports, duties and powers 11 

.STATE INSTITUTIONS. 

State Normal School 66 

State Industrial College at Ruston , 69 

Louisiana State University and Agricultural and Mechanical College 71 

Institute for the Blind 85 

Institute for the Deaf and Dumb 87 

Southern University (for Colored Persons) 89 

Tulane University of Louisiana 92 



104 INDEX. 

STATE SUPEEINTENDENT OF PUBLIC EDUCATION. 

Office, salary, duties, expenses 20* 

Biennial report, suggestions for Deaf and Dumb Institute 21 

Copies of records admissible in evidence, rej)orts 22 

Decisions and appeals . ; 22 

SUITS. 

' Exemption from furnishing bond, school board, attorney 13 

TAX (See EEVENUE). 

TEACHERS. 

Parish and State Teachers' Institutes 29" 

Examination and certificates of proficiency 33 

Accountability of pupils to teachers 36 

TEXT BOOKS. 

State Board of Education to adopt 11 

Hygiene and Temperance 54 

WOMEN ELIGIBLE TO SCHOOL OFFICES. 

Constitutional clause 8- 

Same declared operative by legislative enactment 12r 



jPLi=':E^EKriDi2c. 



SYLLABI OF IMPORTANT SCHOOL DECISIONS 



SUPREME COURT, 



Certificates of Indebtedness. 

The board of directors for the Public Schools of New Or- 
leans have the control of school funds placed to their charge for 
the maintenance of the schools. It devolves upon this board to 
compel corporations to comply with their ordinances levying 
taxes for the schools, if they fail to comply with their obligation 
in this respect. 

The board of directors have authority to stand in judgment j 
to institute or defend suits. The creditor of the school board 
has no right of action against the city of New Orleans to compel 
the city to recognize the validity of his claim. 

School certificates of indebtedness issued by the board of 
directors of the Public Schools for the years 1874, 1875 and 1876, 
are not debts of the city of New Orleans, and actions for the pur- 
pose of having them recognized as vaUd claims can be maintained 
against the School Board, as it is authorized to pass on the 
validity of the evidence of indebtedness of every oue who alleges 
that he is a creditor. 

The city of New Orleans turns over amounts collected for 
schools to the treasurer of the School Board. This officer notes 
the taxes of different years and applies the amount to the pay- 
ment of certificates from the taxes of these years from which the 
creditors are entitled to payment. — Fisher et al. vs. ISchool 
Directors^ 184, 44 Ann. 



106 appendix — important school decisions. 

Debts of Defunct Institutions. 

The president of the board of supervisors of the Louisiana 
State IJniversity and Agricultural and Mechanical College can- 
not be compelled to warrant on any fund to pay a debt of either 
of the two former corporations, known respectively as "the 
Louisiana State University" and "the Agricultural and Me- 
chanical College." — 31 Ann., 711, State ex rel. Sehorten, Agent, 
m. President Board of Supervisors. 

A mere stated account between the superintendent of the 
Louisiana State University and Agricultural and Mechanical 
College, and one of the professors employed in that institution, 
signed by the superintendent, is not such conclusive proof of the 
amount due the professor as would enable the latter to man- 
damus the president of the board of supervisors of the institution 
to warrant for the amount, even if the president was authorized 
to draw such a warrant, — Ih. ' 

Ex Contractu Obligation. 

The obligation of the Treasurer of the School Board of 
Union parish to account tor funds received by him, is ex contractu 
and fiduciary in its character, and is only barred by the pre- 
scription of ten years. — 32 Ann., 793, Board of School Directors 
of Union Parish vs. J. E. Trimhle: 

Tree School Bonds. 

The sale of bonds constituting a part of the " free school 
fund," made in virtue of Act No. 81 of 1872, was utterly null 
and void, and conferred no title on the purchaser, and no future 
assignee or the purchaser, who took the bonds in good faith, for 
value, and before their maturity, could acquire a title to them. 

Bonds that are a part of the assets of the '• free school 
fund " are consigned by law to the custody of the Secretary of 
State and Auditor of Public Accounts, and those officers have a 
right to claim their possession in whatever hands they may be 
found. And this right is not affected by the prescription of 



APPENDIX — IMPORTANT SCHOOL DECISIONS. 107 

Ttlaree years. — 31 Ann., 1T5, Sun Mutual Instance Company vs. 
Board of Liquidation, Secretary of State and Auditor, Intervenors. 

Limitation of Contract. 

The teachers of the public schools of New Orleans cannot, 
Tinder the law, be appointed for a longer term than one year. — 
31 Ann., 354, F. A. Golden vs. Board of Fuhlic School Directors 
of New Orleans. 

Eecovery of Funds. 

Where a mistake has been made by the State Treasurer in 
announcing to the State Superintendent of Public Education 
the amount of funds for apportionment among the educable 
children of the State, but before the apportionment could be 
cancelled the school directors of Orleans had received their 
quota under it, when the true sum has been ascertained and 
announced to the superintendent, and a revised apportionment 
is to be made, it is j)roper that the superintendent should take 
into account, when apportioning to Orleans, the sum already 
improperly paid to her under the mistake, and which payment 
has been made in consequence of that mistake. — 36 Ann., 241, 
The State ex rel. Board of School Directors, etc., vs. E. H. Fay, 
Superintendent, etc. 

A school board organized according to law has a right to 
stand in court to claim from another school board likewise con- 
stituted, school funds which should have been paid to it by the 
State authorities and which were illegally paid out to the latter. 
A receipt therefor would exonerate the debtor board. 

If the funds are not in kind in the possession of said board, 
but can be traced to property in which they have been invested 
by such board, the property itself can be recovered in jplace of 
the funds which it represents. 

An action to recover under such circumstances is not barred 
by the prescription of five years or less. — 36 Ann., 806, School 
Board vs. School Board. 



108 appendix — important school decisions. 

Sale of Warrants. 

Under the authority of the Board of School Directors of a 
parish, the treasurer of the bo ird may make a valid sale of th& 
warrants of the State which represent that portion of the interest 
on the free school fund due to said parish. — 31 Ami., 158, Board' 
of School Directors of Concordia Parish vs. Hernandez. 

School Land, Tender, Etc. 

The residents and alleged tax payers in a township in whom 
is vested the title of the sixteenth section for the maintenance of 
the schools, have the right to invoke an interposition of the 
court to annul the sale of this section. 

Tender as a prerequisite to the suit cannot be required^ 
The price was not received by the plaintiffs. No title passed 
to the adjudicatee of the property. 

The amount should be returned by the authority by which 
it was received. In the meantime plaintiffs can prosecute their 
suit to have the sale annulled. 

The general government donated the sixteenth sections to- 
the townships and authorized their sale, with the consent of the>^ 
inhabitants residing within their respective limits. The legis- 
lative department of the State in compliance with the conditions 
of the grant, adopted laws requiring elections to be held to ascer- 
tain the will of the majority of their voters residing within the 
townships and providing certain prerequisites for the sale. An. 
election not having been held in the township, the return of the 
election not being sustained at all, the adjudication made was- 
null. 

The sixteenth section offered for sale should bring its ap- 
praised value, which may not be less than |1.25 per acre. — 
44 Ann. J 365, Telle et al. vs. School Board et al. 

Suretyship. 

Where the sureties on a flve-thousand-dollar bond are^ 
jointly sued for an amount aggregating two thousand dollars,, 
this court will have jurisdiction, although the demand against 



APPENDIX — IMPORTANT SOHOOI. DECISIONS. 109 

■each surety is less than $500. — 31 A7in., -!97, State ex rel. School 
Jioarcl, Parish of St. Tammany vs. Cousin et al. 

Where the plaintiff who sues the sureties on an official bond 
alleges the hopeless insolvency of the principal, the sureties 
will not deprive themselves of the right of discus-^iou, to ivhich 
they are entitled under the law, by pleading an exception that 
admits the truth of the averment of insolvency. — lb. 

When the principal and sureties on an official bond are sued 
1;ogether, the judgment is res adjudicata as to the sureties, and 
within the limit of the amounts for which they are held under 
the terms of their bond, they are bound to make good the entire 
Judgment against the principal, including the penalty. — iO Ami., 
705, JEastin & Breaiix vs. Board of School Directors. 

Taxation. 

The word '■'■may''^ found in Section 54 of Act No. 81 of 1888, 
does not mean shall. Traced back, through the last sentence of 
Article 339 of the Constitution to Act No. 23, Section 28 of 1877, 
which the framers of that instrument intended to continue in 
force in that respect, it simply means are authorized. 

The Constitution merely directed that the Legii^lature ^'shall 
provide that every parish may levy a tax," which means is 
authorized or empowered. 

Any legislation seeming to impose upon police juries the 
duty or obligation of levying the tax would transcend the dele- 
gated authority and so be unconstitutional and barren in effect. 

Police juries are therefore clothed by law with the discre- 
tionary or optional ]30wer of levying or not, as their wisdom may 
see fit and proper, the tax in question for school purposes. 

In case of failure to collect the tax, no mandamus can issue 
to compel the levy. — 40 Ann.., 755, State ex rel. School Directors 
vs. Police Jury. 

Taxation. 

A municipal corporation, sued under an enactment deemed 
by it to be unconstitutional, the object of which is to compel it 



110 APPENDIX — IMPORTANT SCHOOL DECISIONS. 

to increase an appropriation from its alimony, has a right to^ 
j^lead the unconstitutionality of the act and to have the conten- 
tion determined by the courts. 

It cannot be called upon to show cause why a relief sought 
against it should not be granted and when it appears, in response,. 
be met with the objection, that it has no standing in court and 
cannot be heard. 

In such case, the courts will not refuse to listen to the 
defence ; but will inquire and pass upon iis merits. 

The supremacy of a legislature over a city is not so absolute 
that it cannot be restrained by the organic law. Limitations 
imposed by the Constitution upon its powers cannot be over- 
leaped. 

The system of free schools in Louisiana is a State institution, 
for the establishment, maintenance and support of which the 
State is required to provide by taxation, or otherwise. 

As a rule, the taxing powers may be exercised by the Gen- 
eral Assembly for State purposes only, and by parish and mu- 
nicipal corporations, under authority granted them by the Legis- 
lature, for parish and municipal purposes alone; but, under 
express sanction • of the Constitution, the General Assembly 
"may" authorize parishes to levy a tax tor the public schools 
therein, not exceeding the State tax and, with other parish 
taxes, not exceeding the limits of parish taxation, fixed by the 
Constitution. 

The Legislature cannot force a parish to levy a tax for school 
purposes. It may authorise it to do so, and when it has done^ 
so, and the parish undertakes to raise it, the constitutional limits 
must be observed. 

To be valid, the levy of such a tax must find its authority in 
the organic law. The legislature has therefore no authority to 
compel the city of New Orleans, which is the parish of Orleans,, 
to make an appropriation to stand in place of the amount which- 
a school tax, if specially levied, would have realized. 



APPENDIX— IMPORTANT SCHOOL DECISIONS. Ill 

The Legislature cannot transgress its powers, or invade 
those which are secured by the Constitution to the city of ^ew 
Orleans. It can not do indirectly that which it is incompetent 
to do directly. 

Although the first part of Section 71 of Act 81 of 1888, may 
be constitutional, the provisos which follow it and which require 
the city of Kew Orleans to appropriate no less than $250,000, for 
school purposes, are unconstitutional. They are, therefore, 
deemed unwritten and not binding on the city. — 42, Ann., 92, 
i!;itate ex rel. School Board vs. City of New Orleans. 



1S©5. 



THE STATE BOARD OF EDUCATION. 



HX- OFFICIO MEMBERS. 

GOVEENOR MURPHY J. FOSTER, President. 

M. J. CUNNINGHAM, . Attoruey General. 

A. D. LAFARGUE, State Suijerintendent of Public Education and Secretary. 



bephesentatiye members. 

PROF. ALCEE FORTIER, Tulane University, New Orleans, First Con- 
gressional District. 

REV. MAX HELLER, 242 Jackson Street, Ncav Orleans, Second Congres- 
sional District. 

WILLIAM CLEGG, Lafayette, Third Congressional District. 

FREDERIC SEIP, Alexandria, Fourth Congressional District. 

FRANKLIN GARRETT, Monroe, Fifth Congressional District. 

THOMAS OVERTON, Marksville, Sixth Congressional District. 



RKSOIvUXION 

P&ssed by the State Board of Education on the 19th 
day of October, 1894. 



Resolved, That tlie Secretary of this board is hereby directed 
to prepare a Compilation of School Laws, and to codify all enact- 
ments now in effect in such manner as to serve the convenience 
of school officers as a book o;f legal reference, and he is author- 
ized to add such annotations and appendices as he may deem 
proper in interpreting the law. 

8 



I^CJJL.E:S JPs.]^q;D E.E;a-XJLjOLTI03SrS 



ADOPTED BY 



THE STATE BOARD OF EDUCATION. 



Rule I. — The elementary schools in cities and towns shall 
contain at least six grades, viz : — first, second, third (and possi- 
bly fourth), primary and first and second Grammar Departments 5 
but such changes may be made by the local board as the condi- 
tion of the locality may require. 

Rule II. — In the i)rimary departments there shall be taught : 
spelling, reading, phonetics, writing, geography, arithmetic and 
object lessons. 

In the Grammar Departments, thorough instruction shall 
be given if the derivation of words, dictation, reading, writing, 
arithmetic, grammar, geography, history, elocution, composition, 
declamation, the natural sciences, and when possible, vocal and 
instrumental musiC; also drawing. It is recommended that the 
French language be taught in those localities, where the French 
population predominates, provided, the expenses of the school 
are not increased. 

Rule III. — The High School, or Central School, shall con- 
tinue the instruction of such youths as can pursue such studies 
as will best prepare them for admission to the JSTormal Schools, 
or to the freshman class of Tulane University and the freshman 
class of the Louisiana State University and A. and M. College. 

Rule IV. — The Normal Schools shall have for their object 
the professional training of young men and women as teachers 
for the common schools of the State, and to thereby improve the 
standard of the public schools. 



EtJLEg AND EEaiTLATIONS. 115 

SCHOOL SESSIONS. 

Rule V. — The scholastic year shall be deemed to commence 
on the second Monday of September of each year. 

EuLE VI. — The daily sessions shall not be less than five 

hours. 

EXAMINATIONS. 

Rule VII. — A public examination shall be held at least 
once each year. All the classes in the High Schools and Normal 
Schools shall be examined in writing in each branch of study 
when it is completed. 

VACATIONS AND HOLIDAYS. 

Rule VIIT. — The schools shalls be closed on Saturdays and 
Sundays, and on such other days as may be directed by the 
Parish Boards. 

TEACHERS. 

Rule IX. — Teachers shall be at their respective rooms at 
least fifteen minutes before the hour of opening each session, 
and shall, in their daily registers, to be kept by the Principal, 
record the names and the time of arrival of each teacher ; and 
any teacher not complying, shall be reported to the local super- 
intendent, for such action as he may see proper under the laws, 
rules and regulations. The teachers sha'l remain on the school 
grounds, or in the premises, and exercise supervision over the 
pupils during each recess or intermission. 

Rule X. — The jurisdiction and authority of the teacher 
over the pupils shall not be limited to the school house or enclo- 
sures nor to the actual session of the school. Generally in mat- 
ters connected with the schools and the manners and morals of 
the scholars, his authority, with that of the parent, commences 
when pupils leave the parental roof and control, to go to school, 
and shall continue until their return from school. The teacher, 
however, shall not be responsible for the misc -uduct of pupils 
on the way to and from school, though he shall have the right 
to punish for misconduct when brought to his knowledge. 



116 KULES AND REGULATIONS. 

EuLE XI. — The teacliers shall bestow equal and impartial 
attention on all their pupils. 

EuLE XII. — It shall be their duty to practice such discipline 
in their schools as would be exercised by a kind and judicious 
parent in his family, always firm and vigilant but prudent. 
They shall endeavor on all proper occasions, to impress upon 
the minds of their i>upi]s the principles of morality and virtue; a 
sacred regard for truth, reverence for the '> 'reator, respect for 
one another, rectitude, industry and frugality. But no teacher 
shall exercise any sectarian or political influence in the school. 
They shall see that all pupils under their charge distinctly under- 
stand all rules relating to pupils, and they shall teach them the 
rules of health — hygiene and the bad effects of narcotics, as 
required by Act No. 40 of the General Assembly of 1888. 

• EuLi; XIII. — Any teacher who may be absent from school 
on account of sickness or other necessity must cause immediate 
notice to be given to the local superintendent. Teachers absent 
three consecutive days without cause may be considered as hav- 
ing, abandoned their positions. 

EuLE XIY. — No teacher shall resign without giving two 
weeks notice to the local superintendent, else he may be made 
to forfeit one half month's pay. 

EuLE XY. — Teachers shall not hold any position of higher 
grade than the one corresponding to their certificates, nor shall 
the salary be larger than that allowed to the grade in which 
they teach. 

EuLE XYI. — All teachers shall attend the State and Parish 
Institutes, when notified by the su]3erintendent. 

PEIXCIPAL TEAOHEES. 

EuLE XYII. — The principal teachers shall keep a register, 
in which they shall record the name, age, birth place, residence, 
the names of the parents or guardians of each pupil entering the 
public schools, also the occupation of the parent or guardian.- 



RULES AND REaULATIONS. 117 

EULE XVIII. — The principals shall be required within one 
week after the cdmmencement of each term, to have the pro- 
gramme of their daily exercises posted in the school room, in a 
conspicnous place, and shall transmit a copy to the local super- 
intendent and one to the State superintendent. 

EuLE XIX. — They shall keep a daily record of all pupils 
admitted; those present, those absent or tardy. They shall, at 
the end of each month, report the condition of their respective 
schools to the local superintendent, and file in his office, a copy 
of their respective registers, and, at the close of the school year, 
shall forward a certified copy of said register to the State Board 
of Edacat on; they shall also keep records and make reports as 
required by Act No. 81, of the year 1888. 

EuLE XX. — The principal shall have supervisory control 
of the grounds, buildings and appliances, also, furniture and 
other common school property, and shall be held responsible for 
any want of neatness or cleanliness of the premises. 

Whenever repairs are needed, the president of the school 
board should be notified by him. 

PUPILS' ADMISSION^. ' 

EuLB XXI. — Children entering the public schools are re- 
quired to furnish all the necessary text-books and stationery 
used in their classes. The pupils are to be admitted in the pri- 
mary schools not younger than six years. A pupil can begin 
school only on the first day of each week, and is to be accom- 
panied at the time of his admission, by one of his parents, or 
guardian, or by a friend who will see to the proper registry of 
his name and furnish any further needful information. 

EiJLE XXII. — They must attend the school established in 
the local school district in which they reside, or such school as 
the local board may designate. 

EuLE XXIII. — All transfers within the schools, or from one 
school to another, rendered necessary for any cause, shall be 
made by authority of the local superintendent. Pupils wishing 



118 RULES AND REGULATIONS. 

transfers, must produce certificates from Iheir former teachers, 
stating their reasons and the class to which they belonged. 

EuLE XIV. — Xo jjupil shall be admitted to school after 10 
o'clock, or allowed to depart before the appoiute<l hour, except 
in case of sickness, or for other cause in the judgment of the 
teacher. 

EuLE XXV. — No pupil shall be admitted to the High School, 
unless he has undergone a sufficient and satisfactory examina- 
tion. 

DIEECTIONS TO SCHOOL OFFICEES AXD OTHEES 
CONNECTED WITB THE PUBLIC SCHOOLS. 

EuLE XXVI. — Ofiicers connected with the department of 
public schools, and all the employees are earnestly requested, 
iudeed directed, to exert every reasonable endeavor to the pro- 
motion of the schools. They should avoid all antagonism and 
unkind opposition, but should never fail whenever opportunity 
offers, to exercise their influence in behalf of a system that gives 
to many youths of our State, the opportunity of escaping from 
the benighted condition of the absolutely illiterate. 

In all matters of revenue for the schools, they should always 
endeavor to create a healthy condition, thereby assisting in set- 
ting aside (without its being a burden to any one) a sufl&cieut 
amount to maintain a school system as it should be. 

By CO operative action the schools will become the pride of 
the State and reflect its excellence, and the contributors will be 
more than rewarded by the improved condition. 

EULES FOE THE EXAMINATION OP TEACUEKS. 

I. — Teachers shall not be examined to teach nor be given a 
certificate unless they enjoy a good moral character. 

The committee of examinors shall cause teachers to appear 
before them and be examined in the branches they are to teach. 

II. — The examination, when two or more apply for the same 
position, shall be competitive ; the questions shall be answered 



RULES AND EEGULATIONS. 119 

in writing in presence of the examiners, in all branches in >¥hich 
such an examination is practicable. 

HI. — The written answers shall be examined, the merit 
marks or figures noted, and the candidate receiving the largest 
aggregate shall be preferred, provided, he is found competent. 

lY. — A record of examination shall be kept by the local 
superintendent and shall be subject to the inspection of any 
officer connected with the schools. 

Public notice should always be given of the day the exam- 
ination will be held. 

The appointee may be given charge of a school on probation 
during a period not longer than one month, during which time 
permanent engagement may be made — else he should not be 
employed, but paid for the services rendered. 



